HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7538 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, Shri Arpit Verma, learned counsel for the informant as well as learned AGA for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.75 of 2025, under Sections 65(2) of B.N.S. and Section 5-M/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, P.S. Malipur, District- Ambedkar Nagar. 3. In terms of the FIR, it has been alleged that on 08.05.2025, applicant had enticed the daughter of the informant aged about 12 years and misbehaved with her. In the statement of victim recorded under Section 180 BNSS, the victim stated that she was being taken by the applicant on a motor-cycle and she was appropriately touched. Allegation regarding the insertion of finger was also levelled. However, in the statement recorded under Section 183 BNSS, allegation of inappropriate touch was levelled by the victim against the applicant. It has further been submitted that the victim had refused to undergo medico-legal examination. 4. Learned AGA as well as learned counsel for the informant has opposed the bail application. 5. Considering the material on record and statements of victim recorded under Sections 180 and 183 BNSS, in worse case scenario, the offence Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A., Arpit Verma, Prashant Chaudhary, Shivanshu Goswami Mohd. Afsar .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) can be said to be under Section 7/8 of POCSO Act and the ingredients to attract Section 3(2)(V) of SC/ST Act are directly missing coupled with the fact that the applicant is in jail since 10.05.2025 having no criminal antecedents, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohd. Afsar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 she 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 14, 2025 V. Sinha BAIL No. 7538 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench