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

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

What the court decided

AI extract

Outcome

Bail application allowed: applicant Arun to be released on bail in FIR No. 296 of 2024 on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions (attendance at hearings, no commission of similar offences, no inducement/threat/promise or evidence tampering), with bail cancellable by the victim if the applicant resiles from his statement made before this Court.

Issue for consideration

Whether applicant Arun, booked under FIR No. 296 of 2024 (sections 376(3), 452, 506 IPC and Sections 5/6 POCSO Act, P.S. Gosaiganj, District Lucknow) and in custody since 1.7.2024, should be enlarged on bail.

Court's answer

Considering the facts and circumstances and the statements, but expressly without commenting upon the merits of the case, the applicant — in jail since 1.7.2024 and with no criminal history — is held entitled to be enlarged on bail.

Ratio / Principle

The Court directs that the applicant Arun be released on bail in the aforesaid FIR number on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions (a) undertaking to attend hearings, (b) not committing any similar offence, and (c) not making any inducement, threat or promise to dissuade disclosure of facts to the Court or police or tampering with evidence.

Key takeaways

If the applicant resiles from the statement made before this Court, it will be open for the victim to move a bail cancellation application against him.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12 — Criminal Misc. Bail Application No. 1362 of 2025, decided December 2, 2025, by Hon'ble Pankaj Bhatia, J. Single-judge bail order granting bail to applicant Arun in FIR No. 296 of 2024, P.S. Gosaiganj, District Lucknow, under sections 376(3), 452, 506 IPC and Sections 5/6 POCSO Act. Counsel argued that per the FIR the informant's daughter was a minor when the wrong was committed, became pregnant (fetus of six months at FIR stage), and that a child has since been born; in the statement under Section 164 Cr.P.C. the victim stated relations occurred on four occasions, that she was in love with the applicant, and that he is now ready and willing to marry her. The Court, considering the facts, circumstances and the statements but expressly without commenting upon the merits, found the applicant — in jail since 1.7.2024 and with no criminal history — entitled to bail. Release ordered on a personal bond with two sureties of Rs.20,000/- each, with standard conditions (attendance, no similar offences, no inducement/threat/promise or tampering with evidence), and a rider that if the applicant resiles from his statement before the Court the victim may move a bail cancellation application. Learned AGA opposed the bail application. No precedent engaged; merits left open; no impugned order involved.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 1362 of 2025

Arun

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Other

.....Opposite Party(s) Counsel for Applicant(s) : Sanjeev Kumar Gupta, Rajendra Kumar Pandey, Vikas Kumar Pathak Counsel for Opposite Party(s) : G.A., Manoj Kumar Shukla, Sumesh Srivastava

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

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

2. The applicant seeks enlargement on bail in FIR No. 296 of 2024, under sections 376(3), 452, 506 IPC, Sections 5/6 POCSO Act, P.S. Gosaiganj, District Lucknow.

3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant was a minor on 1.2.2024 when the applicant committed wrong on her because of which she became pregnant and was carrying a fetus of six months. In the statement under Section 164 Cr.P.C. the victim stated that physical relation were formed with her on four occasions. She also stated that she was in love with the applicant and initially the applicant was not willing to marry her but now he is ready and willing to marry her. It is informed that a child has already born. Learned counsel for the applicant states that in terms of statement under Section 164 Cr.P.C. even the applicant is ready and willing to marry her.

4. Learned AGA has opposed the bail application.

5. Considering the facts and circumstances and the statements, however, without commenting upon the merits of the case, the applicant who is in

BAIL No. 1362 of 2025

2

jail since 1.7.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Arun 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.

7. In the event of applicant resiling from the statement made before this Court it would be open for the victim to move a bail cancellation application.

(Pankaj Bhatia,J.)

December 2, 2025

J. K. Dinkar

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