Allowed

Virendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC16 Oct 2025BAIL/4733/2025

Case brief

AI extract

What is this about?

Bail granted; POCSO; Sections 376(3), 352, 506 IPC; Sections 3/4(2) POCSO Act; penetrative sexual assault prima facie not made out; hymen intact; victim aged about 13 years; earlier bail dated 20.8.2018 under Sections 304A, 352, 50 IPC; in custody since 22.11.2024; criminal history of one minor offence; FIR No. 256 of 2018, P.S. Kunda, District Pratapgarh; personal bond with two sureties of Rs.20,

What did the court decide?

Applicant Virendra Kumar to be released on bail in FIR No. 256 of 2018 on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to condit

Virendra Kumar Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 4733 of 2025

Virendra Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)

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Counsel for Applicant(s)	: Amrit Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

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Court No. - 12

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HON'BLE PANKAJ BHATIA, J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No. 256 of 2018, under Sections 376(3), 352, 506 IPC and Sections 3/4(2) POCSO Act, P.S. Kunda, District Pratapgarh.

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3. Learned counsel for the applicant argues that in terms of FIR allegations were levelled of the applicant misbehaving with the daughter of the informant aged about 13 years. In the statement given by the victim also allegation of improper behavior and touching of private parts were levelled. No allegations of penetrative sexual assault was levelled. The applicant was enlarged on bail for offence under Section 304A, 352 and 50 IPC vide order dated 20.8.2018 subsequently at the time of bringing of charge Section 376 and Section ¾ POCSO Act were also added. In the light of the said learned counsel for the applicant draws my attention to the medical report on record wherein the hymen was found to be intact.

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4. Learned AGA has opposed the bail application.

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5. Considering the the statement and the medical report prima facie penetrative sexual assault as defined under section ¾ POCSO Act is not made out, however, without commenting upon the merits of the case, the applicant who is in jail since 22.11.2024 and has criminal history of one

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BAIL No. 4733 of 2025

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minor offence is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Virendra Kumar 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:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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(Pankaj Bhatia,J.)

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October 16, 2025

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J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Virendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Virendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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