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

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

What the court decided

AI extract

Outcome

Release of applicant Aman Gautam on bail in FIR No.158 of 2020 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 offence similar to that accused/suspected of; and (c) not making any inducement, threat or promise to dissuade disclosure of facts or tamper with evidence.

Issue for consideration

Whether the offence alleged (Sections 376 IPC / Sections 3/4 POCSO Act) constitutes penetrative sexual assault under Section 3/5 POCSO Act, or at most falls under Section 7/8 of POCSO Act, given that the medical report records no injury and an intact hymen. +1 more

Court's answer

The court observed that the medical report on record prima facie does not corroborate the allegations of offence under Section 3/5 POCSO Act, expressly without commenting upon the merits of the case; this observation served as a ground for enlarging the applicant on bail.

Ratio / Principle

Given the substantial pre-trial detention of more than five and a half years, continuous custody since 01.03.2020, and absence of any criminal history, the applicant is entitled to be enlarged on bail, and the bail application is accordingly allowed.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Hon'ble Pankaj Bhatia, J. — Criminal Misc. Bail Application No. 1002 of 2024, decided October 30, 2025: Bail allowed to applicant Aman Gautam in FIR No.158 of 2020 (Sections 376 IPC and Sections 3/4 POCSO Act, P.S. Kotwali Nagar, District Barabanki). Learned counsel submitted that, with the medical report showing no injury and an intact hymen, no case of penetrative sexual assault under Section 3/5 POCSO Act arose and the offence could at worst fall under Section 7/8 POCSO Act. The court noted that the medical report prima facie does not corroborate the offence alleged under Section 3/5 POCSO Act but, expressly without commenting upon the merits, held that the applicant — in jail since 01.03.2020, having undergone pre-trial detention of more than five and a half years, with no criminal history — is entitled to be enlarged on bail. Release ordered on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions regarding attendance at hearings, commission of similar offences, and inducement/tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 1002 of 2024

Aman Gautam

.....Applicant(s)

Versus

State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And 3 Others

.....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Singh, Ashish Kumar Tiwari Counsel for Opposite Party(s) : G.A. 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.158 of 2020, under Sections 376 IPC and Sections 3/4 POCSO Act, P.S. Kotwali Nagar, District Barabanki.

3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 3 years was crying and when asked she pointed towards the private parts and apprehension was expressed that the applicant has committed the offence of rape against the child. The medical report on record does not indicate any injury and the hymen was found to he intact. In the light of the said allegations the submission of learned counsel for the applicant is that no case for any penetrative sexual assault as defined under Section 3/5 POCSO Act is made out. It is argued that in the worst case scenario the offence can be said to be under Section 7/8 of POCSO Act.

4. Learned A.G.A. for the State points out that only four witnesses have been examined thus prima facie there is no likelihood of conclusion of trial in near future.

5. Considering the substantial pre trial detention undergone by the applicant of more than five and half years and medical prima facie not

BAIL No. 1002 of 2024

2

corroborating the allegations of offence under Section 3/5 POCSO Act, however, without commenting upon the merits of the case, the applicant who is in jail since 1.3.2020 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Aman 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.

(Pankaj Bhatia,J.)

October 30, 2025

J. K. Dinkar

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