Neutral Citation No. - 2025:AHC:143666 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25241 of 2025 Applicant :- Rizwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashutosh Mishra,Shailendra Kumar Ojha Counsel for Opposite Party :- G.A.,Krishna Kumar Shukla,Neeraj Singh Yadav Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, Mr. Rabindra Kumar Singh, learned A.G.A. representing the State of U.P. and learned counsel appearing on behalf of the complainant. 2-By means of this bail application, applicant-Rizwan who is involved in Case Crime No. 83 of 2025, under Section 75(2) B.N.S. and Sections 9m/10 POCSO Act, Police Station Lohamandi, District Agra seeks enlargement on bail during the pendency of trial. 3-As per prosecution case in brief, complainant-Bunty has lodged an F.I.R. on 28.05.2025 for the offence under Sections 75(2) B.N.S. and Sections 9m/10 POCSO Act alleging inter-alia that on 28.05.2025, his minor daughter aged about 06 years was playing outside his house and the present applicant- Rizwan at about 02:00 pm took his daughter to his grandmother's house where he touched her daughter's private parts with bad intentions. F.I.R. also alleges that the victim ran away from there and told the whole incident to her mother. 4-The main substratum of argument of learned counsel for the applicant is that it is not a case of sexual abuse but it is a case of inappropriate touch. It is next submitted that as per medical report of the victim, there was no sign of any injury. Learned counsel for the applicant next submits that considering the nature of the offence, the applicant who has no criminal antecedent to his credit and is languishing in jail since 29.05.2025 is entitled to be released on bail. 5-Learned counsel appearing on behalf of the complainant does not oppose the instant bail application, however, learned A.G.A. for the State submits that the minor victim, in her statement under Section 180 and 183 B.N.S.S., has supported the allegation levelled against the applicant. The statement of the victim under Section 180 and 183 B.N.S.S. reads as under:- "बययान अन्तररत धयारया 180 BNSS………...ममेररी उम्र 6 वरर हह, मह ककया एक ममे पढतरी हहह, मम अपनरी ददोस्त कदो बबुलयानमे रयरी थरी, ररजवयान मबुझमे अपनरी दयादरी कमे घर लमे रयया, ररजवयान ममेरमे सयाथ रदरी रगंदरी चरीजमे कर रहया थया , बदतमरीजरी कर रहया थया, ममेरमे आरमे हयाथ लरया रहया थया, उसनमे मबुझमे चयारपयाई पर बहठयायया, रदोद ममे बहठयाकर रगंदरीरगंदरी चरीजमे कर रहया थया…………..." "बययान अन्तररत धयारया 183 BNSS……...ररजवयान हमयारमे पयास मम हरी रहतया हह और वह हमयारया भयाई लरतया हह मह अपनमे घर कमे बहयार खमेल रहरी थरी तभरी वहया ररजवयान आ रयया थया , ओर मबुझमे अपनमे घर लमे रयया थया उसनमे कपडमे कमे उपर समे हयाथ लरयायया थया और मह चप्पल पहननमे कमे बहयानमे समे मह वहया समे भयार आयरी थरी , और यह बयात ममेनमे अपनरी मम्मरी कदो बतयायरी थरी।" Learned A.G.A. next submits that there is specific allegation against the applicant that he had touched the private part of the victim. He further submits that the judgment of Bombay High Court in Satish vs. State of Maharashtra, 2021 SCC OnLine Bom 72, whereby High Court has observed that since there was no direct physical contact i.e. skin to skin with sexual intent without penetration, the said would not amount to sexual assault, has been set aside by Hon'ble Supreme Court in the case of Attorney General For India vs. Satish, (2022) 5 SCC 545. 6-Having heard learned counsel for the parties, examined the matter in its entirety, considering the role of the applicant, statement of the victim under Section 180 and 183 B.N.S.S. as well as the judgment of the Apex Court in the case of Attorney General For India vs. Satish (Supra), I do not find any good ground to release the applicant on bail. 7-Accordingly, the instant bail application is rejected. Order Date :- 21.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad