Tikaram vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Tikaram vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail refused; alternative prayer allowed: applicant directed to surrender before the Court below within three weeks and apply for regular bail, to be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922); no coercive action against him for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether anticipatory bail should be granted to the applicant in Case Crime No. 131 of 2024, under Sections 74, 351(2) of BNS and Section 7/8 of POCSO Act, Police Station Kareily, District Pilibhit.

Court's answer

The relief sought by the applicant through the anticipatory bail application is refused.

Ratio / Principle

If the applicant surrenders before the concerned Court below within three weeks and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Another, 2021 SCC OnLine SC 922.

Key takeaways

For the period of three weeks from the date of the order, or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.), Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 196 of 2025 (Neutral Citation 2025:AHC:32470), decided 6.3.2025. Applicant Tikaram, stated to be a Teacher against whom charge sheet had been submitted, sought anticipatory bail in Case Crime No. 131 of 2024 under Sections 74, 351(2) BNS and Section 7/8 POCSO Act, P.S. Kareily, District Pilibhit. After arguing at some length, counsel for the applicant did not press the relief on merits and prayed only for a direction to the Courts below to decide his regular bail application expeditiously; the learned A.G.A. had no objection. The Court refused the anticipatory bail relief and disposed of the application with directions: if the applicant surrenders within three weeks and applies for regular bail, it shall be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Another, 2021 SCC OnLine SC 922; and no coercive action shall be taken against him for three weeks or till surrender, whichever is earlier.

Neutral Citation No. - 2025:AHC:32470

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 196 of 2025

Applicant :- Tikaram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lalit Prakash Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

Despite service of notice upon opposite party Nos.2 to 4, none appears on their behalf to press this application.

Heard Sri Lalit Prakash, learned counsel for the applicant and learned A.G.A. for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 131 of 2024, under Sections 74, 351(2) of BNS and Section 7/8 of POCSO Act, Police Station- Kareily, District-Pilibhit.

Applicant's counsel submitted that applicant is a Teacher and charge sheet has been submitted against the applicant. On perusal of statement of victim, no offence under the alleged sections is made out. After arguing the matter at some length, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

Accordingly the relief as sought by the applicant through this application is refused.

Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrender before the concerned Court below within three weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of

Investigation and Another , reported in 2021 SCC OnLine SC 922.

For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

With the aforesaid directions, this anticipatory bail application stands disposed of.

Order Date :- 6.3.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad