CRIMINAL MISC. BAIL APPLICATION No. 428 of 2025 · Allahabad High Court

Heard learned counsel for the applicant, learned AGA for the State; Shri Mulayam Singh Yadav, learned counsel for the informant and perused the record.

The applicant seeks enlargement on bail in FIR No.0308 of 2024, under Section 65(2), 351(2) BNS & Section 5(m)/6 of POCSO Act, P.S. Jahangirabad, District Barabanki.

In terms of the FIR it was alleged that on 30.09.2024 daughter of the informant had gone out when the applicant caught hold of her and allegation of insertion of finger was levelled and attempt to murder was also alleged. In the statements under Section 161 & 164 Cr.P.C., the statement was reiterated, however, before the medical authorities, allegations of removal of clothes were levelled. Hymen was not found to be intact. No other injury was noticed. In terms of the medical opinion, no definite opinion could be given with regard to rape.

In the light of the said, submission of learned counsel for the applicant is that the applicant who is aged about 56 years is being falsely prosecuted and is in custody since 10.10.2024 having no criminal antecedents. 2 BAIL No. 428 of 2025

Trial Court report on record suggest that the fact witnesses have already been recorded and only the formal witnesses are yet to be examined. Statement of the medical officer recorded during trial is on record wherein she specifically stated that no sign of force was found; no definite view was expressed by the doctor to suggest the allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act.

Considering the said medical opinion coupled with the fact that all the fact witnesses have been recorded, the applicant who is in custody since

Let the applicant Chhanga 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. December 3, 2025 nishant (Pankaj Bhatia,J.) NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench