Allahabad High Court
BAIL/12759/2025 of LUVKUSH @ GUDDU Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12759 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Manish Vaish the counsel, who appears for the applicant, learned AGA and perused the record. No one appears for the complainant despite notice. 2. The
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 12759 of 2025
Court No. - 12
HON'BLE PANKAJ BHATIA, J.
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1. Heard Sri Manish Vaish the counsel, who appears for the applicant, learned AGA and perused the record. No one appears for the complainant despite notice.
2. The accused-applicant seeks bail in FIR/Case Crime No.186 of 2022 under sections 376, 323, 307 IPC and section 5m/6 POCSO Act, P.S. Hasanganj, District Unnao.
3. In terms of the FIR, allegations were levelled that on 26.05.2022 at about 7:30 to 8:00 pm, the daughter of the informant aged about five years was enticed by the applicant and wrong was committed on her and when the parents went to search her, she was not found and subsequently, she was found behind the home of the applicant. It was also alleged that she was beaten and was thrown from the terrace. Subsequently, the allegation of rape were also levelled. The medical of the victim done, indicated the hymen was found to be intact; redness and tenderness was found on the perineum along with mud, which according to the applicant arose as the victim was found on the haystack and mud. It is argued that the applicant is being prosecuted and is in custody since 28.05.2022, although, prima-facie, no offence can be said to be made out under section 5m/6 of POCSO Act.
4. Learned AGA has produced the case diary in which the medical was done in which the injuries were found, which were on account of hard and blunt Versus Counsel for Applicant(s) : Manish Vaish Counsel for Opposite Party(s) : G.A. Luvkush @ Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s)
object and no injury on the private part was reported, in terms of the statements which are on record.
5. Learned AGA opposed the prayer for bail.
6. Considering the said material, prima-facie, the averments to suggest penetrative sexual assault as defined under section 3/5 POCSO Act are inherently missing and the offence under section 7/8 POCSO Act, is punishable for a term up to seven years coupled with the fact that the applicant has served pretrial detention since 28.05.2022, he is entitled for the bail. Thus the bail application is allowed.
7. Let the applicant Luvkush @ Guddu be released on bail in aforesaid FIR/Case Crime Number on his furnishing a personal bond, as he is a poor person, to the satisfaction of the 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 19, 2025 VNP/- BAIL No. 12759 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench