HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11898 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri Manoj Kumar Singh, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.268 of 2024, under Section 376 AB/504 IPC & Section 5M/6 of POCSO Act, P.S. Kotwali Dehat, District Sultanpur. 4. In terms of the FIR it was alleged that on 20.06.2024 the applicant was caught misbehaving with the daughter aged about 5 years and he was touching private part of the daughter. 5. Learned counsel for the applicant argues that the applicant is in custody since 21.06.2024 and is aged about 60 years. The medical on record does not corroborate the allegation of penetrative sexual assault and even hymen was found to be intact. 6. Learned AGA has opposed the bail application. 7. Considering the medical report and there being no allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act, the offence in the worst case scenario would attract Section 7/8 of POCSO Act Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh Virendra Chauhan @ Virendra Singh .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) which is punishable for a term of five years, as such, the applicant who is in custody since 21.06.2024 and has no criminal antecedent is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Virendra Chauhan @ Virendra Singh 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 13, 2025 nishant BAIL No. 11898 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench