HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9847 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.148 of 2025, under Sections 65(2) of BNS and Section 5M/6 of POCSO Act, Police Station Hathigawan, District Pratapgarh. 3. In terms of the FIR, it was alleged that the applicant was working as a labourer and on 28.07.2025 at about 6:00 PM, the daughter of the informant aged about 3 years was taken on the terrace and the applicant had inserted his hand in the undergarments of the victim. No allegation of penetrative sexual assault was levelled in the FIR. In the statement under Section 180 and 183 of BNSS, the victim had reiterated the version of the FIR. The victim refused to undergo medical examination. The tentative age of the victim is around 3-4 years. 4. In the light of the abovesaid allegations, it is argued by the Counsel for the applicant that assuming for the sake of all the allegations to be true, no offence is said to be made under Section 65 of BNS read with Section 5M/ 6 of POCSO Act is made out. My attention is also drawn to the judgment of the Hon'ble Supreme Court in the case of Laxman Jangde vs State of Chhattisgarh passed in criminal appeal arising out of SLP (Crl) Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A. Abuaas @ Abubaas .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) No.10377 of 2025, wherein, the Hon'ble Supreme Court had the occasion to consider the interplay of the offence punishable under Section 354 of IPC, in cooperation with the offence under Section 375. On perusal of the provisions of the POCSO Act, it is clear that the allegations levelled against the applicant would fall as an offence under Section 7, which is punishable under Section 8 of the POCSO Act and cannot be termed as penetrative sexual assault as defined under Section 3 or 5 of the POCSO Act. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. In view of there being no allegation of penetrative assault for the offences under Section 7/8, which is punishable for a term of 5 years; the applicant has a criminal history of one case of Cow Slaughter Act and the applicant is languishing in jail since 30.07.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Abuaas @ Abubaas be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 13, 2025 akverma BAIL No. 9847 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench