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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Durgesh Giri in Case Crime No. 60 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed), with sureties to be verified before issuance of the release order; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Durgesh Giri, held in connection with Case Crime No. 60 of 2025 under Sections 65(1), 137(2), 87 of BNS and Sections 5L/6 of POCSO Act (Police Station Sukhpura, District Ballia), should be released on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of learned counsel for the parties, the evidence on record and the settled law of the Supreme Court relied upon (Satender Kumar Antil; Manish Sisodia), and without expressing any opinion on the merits of the case, the Court concluded that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

Directed that the applicant Durgesh Giri 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, with the direction that before issuing the release order the sureties be verified.

Key takeaways

Imposed conditions on the bail: (i) the applicant will not tamper with the evidence during trial; (ii) the applicant will not pressurise/intimidate the prosecution witnesses; and (iii) the applicant will appear before the trial court on the date fixed.ratio¶¶16
Stated that in case of breach of any of the above conditions, it shall be a ground for cancellation of bail.ratio¶¶19
Made clear that the 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.obiter

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 65), Hon'ble Krishan Pahal, J. | Neutral Citation 2025:AHC:56477 | Criminal Misc. Bail Application No. 11450 of 2025, Order Date 16.4.2025. Bail ALLOWED to applicant Durgesh Giri in Case Crime No. 60 of 2025, under Sections 65(1), 137(2), 87 of BNS and Sections 5L/6 of POCSO Act, Police Station Sukhpura, District Ballia, during the pendency of trial; prosecution story alleges he enticed away the informant's minor sister, aged about 14 years, on 24.02.2025. Applicant reported to be in jail since 04.03.2025 with no criminal history; AGA opposed but could not dispute counsel's submissions. Taking into consideration the settled law of the Supreme Court in Satender Kumar Antil vs. CBI and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595, and without expressing any opinion on merits, bail granted on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidating witnesses, appearance on dates fixed); breach to constitute ground for cancellation; bail observations expressly not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:56477

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11450 of 2025

Applicant :- Durgesh Giri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- S.B.Singh,Shashwat Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

As informed by learned AGA, notice to the informant has been served on 05.04.2025 but none is present on behalf of the informant.

Heard Sri S.B. Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record.

Applicant seeks bail in Case Crime No.60 of 2025, under Sections 65(1), 137(2), 87 of BNS and Sections 5L/6 of POCSO Act, Police Station Sukhpura, District Ballia, during the pendency of trial.

As per prosecution story, the applicant is stated to have enticed away the minor sister of the informant, aged about 14 years, on 24.02.2025.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The instant FIR is false. The victim has categorically stated that she had left her house in anger and she had gone alone. Nobody has taken her away.

Learned counsel has also stated that victim was 14 years old only but she was not levelled any allegation against the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 04.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and 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- Durgesh Giri, 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 will not tamper with the evidence during trial.

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will appear before the trial court on the date fixed.

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 :- 16.4.2025 S.A.

Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad