HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9851 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. No one appears on behalf of the informant despite service of notice. 2. The applicant seeks enlargement on bail in FIR No.300 of 2025, under Sections 75(2), 351 (3), 65(2) of BNS and Section 5M/ 6 of POCSO Act, Police Station Kotwali Dehat, District Gonda. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 6 years had gone to purchase something when the applicant gave him toffee and thereafter removed her undergarments and handed over his private parts to the hand of the victim. In the statement under Section 180 of BNSS, the allegations were reiterated and it was stated that the applicant had tried to insert his fingers in her private part. In the statement under Section 183, the allegation of insertion of fingers in the private part were also levelled. 4. In view of the said allegations, the submission of the Counsel for the applicant is that in the FIR and in the statement under Section 180 of BNSS, no allegation of penetrative sexual assault was levelled. It was for the first time in the statement under Section 183 of BNSS, the insertion of finger in the private part was levelled. The medical report on record does not disclosed any injury and the hymen was intact. Versus Counsel for Applicant(s) : Pradeep Kumar Shukla, Anoop Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Amir Ahmad @ Mali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the medical report not corroborating the allegation of insertion, prima facie, in the worst scenario, the offence under Section 7/8 of the POCSO Act and not under Section 5M/ 6 of POCSO Act and the fact that the applicant has no criminal antecedents and is languishing in jail since 08.07.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Amir Ahmad @ Mali be released on bail in the abovesaid first information report number 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. 9851 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench