HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9779 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.135 of 2025, under Section 65(2) BNS & Section 5m/6 of POCSO Act, P.S. Bhira, District Kheri. 3. In terms of the FIR it was alleged that daughter of the informant aged about 5 years was playing when the applicant touched her inappropriately and misbehaved with her. In the statement under Section 183 BNSS also, the victim stated that the applicant tried to touch the private part. The medical examination of the victim was refused. 4. Learned AGA has opposed the bail application. 5. Considering the allegation, there are no allegation of a penetrative sexual assault as defined under Section 3/5 of POCSO Act and the allegations in the worst case scenario would attract Section 7/8 of POCSO Act which are punishable for a term of five years. As such, considering the nature of the allegations and the punishment of five years prescribed, the applicant who is in custody since 01.05.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Virendra be released on bail in aforesaid FIR number on Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Virendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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 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 14, 2025 nishant BAIL No. 9779 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench