Amitesh Mishra Alias Kunwar vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Amitesh Mishra Alias Kunwar vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions (no tampering with evidence; personal appearance before the Trial Court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S.), with sureties to be verified before the release order.

Issue for consideration

Whether the applicant, Amitesh Mishra Alias Kunwar, should be released on bail in Case Crime No. 232 of 2024 under Sections 137(2), 87, 65(1) B.N.S. and 5N/6 POCSO Act, Police Station Sikandarpur, District Ballia, during the pendency of trial.

Court's answer

Considering the facts and circumstances of the case, submissions of learned counsel for the parties, the evidence on record, the victim being the consenting party and the absence of medical corroboration of the incident, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The bail application is allowed; the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order.

Key takeaways

As a condition of bail, the applicant shall remain personally present before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S.; deliberate or unexplained absence may be treated by the Trial Court as abuse of the liberty of bail and proceeded against in accordance with law.ratio¶19
Breach of any of the imposed bail conditions shall be a ground for cancellation of bail.ratio¶20
Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed a Criminal Misc. Bail Application and granted bail to Amitesh Mishra Alias Kunwar in Case Crime No. 232 of 2024 under Sections 137(2), 87, 65(1) B.N.S. and 5N/6 POCSO Act, Police Station Sikandarpur, District Ballia, during the pendency of trial. Counsel for the applicant argued innocence, a four-day unexplained delay in the FIR, that the victim was major (18-20 years per ossification test report) and a consenting party who travelled with the applicant by car for four days without raising any alarm, absence of medical corroboration, no criminal history, and custody since 30.8.2024; the learned A.G.A. opposed but did not dispute these submissions. Without expressing any opinion on the merits, the Court found the applicant had made out a case for bail and directed release on a personal bond and two sureties each in the like amount, subject to conditions including non-tampering with evidence and personal presence before the Trial Court for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S., with breach constituting ground for cancellation of bail; the Court clarified that its observations would not affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:74444

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10962 of 2025

Applicant :- Amitesh Mishra Alias Kunwar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shri Niwash Yadav Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Learned A.G.A. has informed that notice to the informant has been served on 4.4.2025.

Compliance affidavit filed by learned A.G.A. is taken on record.

Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 232 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and 5N/6 POCSO Act, Police Station Sikandarpur, District Ballia, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by four days and there is no explanation of the said delay caused.

It is further stated that the victim is major, being 18-20 years old as per ossification test report and is the consenting party, as is evident from the fact that she had travelled with the applicant to several places by car for four days and did not raise any alarm, whatsoever.

There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 30.8.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but

has not disputed the aforesaid submissions of learned counsel for the applicant.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party and there being no medical corroboration of the incident, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Amitesh Mishra Alias Kunwar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 8.5.2025 Shalini

(Justice Krishan Pahal)

Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad