Allahabad High Court
BAIL/12568/2025 of BALBEER GAUTAM Vs STATE OF U.P.THRU. PRIN. SECY. HOME DEPTT. SECTT. LKO. AND 3 OTHERS on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12568 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.217 of 2025, under Section 65(2) BNS
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 12568 of 2025
Court No. - 12
HON'BLE PANKAJ BHATIA, J.
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1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.217 of 2025, under Section 65(2) BNS & Section 5M/6 of POCSO Act, P.S. Sarojni Nagar, District Lucknow.
3. In terms of the FIR it was alleged that the informant had two daughters and the informant was staying with her two daughters and second husband and on 27.06.2025 the applicant came to the home of the informant and started misbehaving with her daughter, took her to a nearby house and wrong was committed. The victim in her statement disclosed her age 9 years and stated that the applicant had misbehaved and removed her clothes, however, no allegation of penetrative sexual assault was made. Before the medical authorities also, no allegation of penetrative sexual assault was made.
4. Learned AGA has opposed the bail application.
5. Considering the fact that in both the statements and the medical report, no allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act was levelled and the offence under Section 7/8 of POCSO Act is punishable for a term of five years, the applicant who is in custody since 29.06.2025 and has no criminal antecedents, is entitled to be enlarged on Versus Counsel for Applicant(s) : P.C.Maurya Counsel for Opposite Party(s) : G.A. Balbeer Gautam .....Applicant(s) State Of U.P.Thru. Prin. Secy. Home Deptt. Sectt. Lko. And 3 Others .....Opposite Party(s)
bail. In view thereof, the application is allowed.
6. Let the applicant Balbeer Gautam 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 18, 2025 nishant BAIL No. 12568 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench