HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7408 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Hari Kant, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.110 of 2025, under sections 65(1), 333, 351(3), BNS, Sections 3/4(2) POCSO Act, P.S. Itiathok, District Gonda. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 14 years was informed that the applicant came and started misbehaving with her. No allegations of rape was levelled. In her statement under Section 180 BNSS also the victim did not allege the commission of rape. However in her statement under Section 183 BNSS the victim alleged the commission of rape. The medial examination of the victim does not corroborate the allegations under Section 183 BNSS. Even the hymen was found to be intact. The tentative age of the victim as per FIR is around 14 years. There is no definite document with regard to exact age of the victim. Considering the that there are no allegations of penetrative sexual assault as defined under Section 3/4 POCSO Act and the same was not corroborated by the medical on record, prima facie the offence appears to be under Section 7 of the POCSO Act which is punishable for a term of 5 years. Versus Counsel for Applicant(s) : Firoz Ahmad Khan, Amar Singh Counsel for Opposite Party(s) : G.A., Hari Kant, Sudhakar Mishra Zakir Ali @ Chunnu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 23.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Zakir Ali @ Chunnu 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. November 14, 2025 J. K. Dinkar BAIL No. 7408 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench