HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 70 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.342 of 2024, under Section 65(2) BNS, Section 5(m)/6 of POCSO Act & Section 3(2)(V) of SC/ST Act, P.S. Vibhuti Khand, District Lucknow. 3. In terms of the FIR it was alleged that on 28.09.2024 information was given to the informant that the daughter of the informant aged about four years was misbehaved with by the applicant and a finger was inserted in her private part. 4. In the light of the said, learned counsel for the applicant argues that in the two statements, the victim could not say anything to support the allegation. The medical on record in the counter affidavit does not corroborate the allegation of any injury either to the hymen or otherwise. It is further stated that the applicant is in custody since 29.09.2024 and the eyewitness is not turning up for examination. 5. Learned AGA has opposed the bail application. 6. Considering the medical not corroborating the allegation coupled with the fact that the applicant is undergoing psychiatric treatment and the prosecution witness is not cooperating with the trial, the applicant, who is in custody since 29.09.2024 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Amit Chaudhary, Purcham Mubarak Counsel for Opposite Party(s) : G.A. Ashutosh Sahu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others .....Opposite Party(s) 7. Let the applicant Ashutosh Sahu 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 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 15, 2025 nishant BAIL No. 70 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench