HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9361 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.108 of 2025, under Section 115(2), 70(2), 352, 351(3) BNS & Section 3/4 of POCSO Act, P.S. Karaundikala, District Sultanpur. 3. In terms of the order passed by this Court on 06.10.2025, Investigating Officer is present alongwith the instructions. 4. In terms of the FIR it was alleged that on 29.05.2025 daughter of the informant aged about 14 years had gone to the field when the accused named in the FIR misbehaved with her and touched her inappropriately. In the statement under Section 180 BNSS, the said version was reiterated. No allegation of penetrative sexual assault was made. In the statement under Section 183 BNSS, once again allegations of misbehaving was made, however, allegation with regard to penetrative sexual assault was not made. The victim refused to undergo medical examination. Tentative age of the victim is around 15 years. 5. Learned AGA has opposed the bail application. 6. Considering the two statements not alleging any penetrative sexual assault as defined under Section 3/4 of POCSO Act and there being no medical on Versus Counsel for Applicant(s) : Sudhakar Mishra, Vivek Tiwari Counsel for Opposite Party(s) : G.A., G.A. Divyanshu Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) record, the applicant who is in custody since 15.07.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Divyanshu Tiwari 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 16, 2025 nishant BAIL No. 9361 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench