Mohammad Shahban Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mohammad Shahban Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Mohammad Shahban to be released on bail in the aforesaid case (F.I.R./Case Crime No. 591 of 2024) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether applicant Mohammad Shahban is entitled to be released on bail in F.I.R./Case Crime No. 591 of 2024, under Sections 64, 127(2), 351(3) B.N.S., 2023 and Section 3/4(2) POCSO Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar.

Court's answer

Although the victim alleged commission of rape in a hotel room, the medicolegal examination report mentions no mark of injury or sign of use of force on any part of her body; the applicant is a young man aged 18 years having no criminal history and in jail since 27.09.2024; the investigation already stands concluded and the chargesheet has been filed; and the co-accused has already been granted bail. Without making any observation which may affect the merits of the case, the Court held that the applicant is entitled to be released on bail in the aforesaid crime.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 15; Subhash Vidyarthi, J. (order date 15.4.2025; Neutral Citation No. 2025:AHC-LKO:21135). Bail ALLOWED to Mohammad Shahban (young man aged 18 years, no criminal history, in jail since 27.09.2024) in F.I.R./Case Crime No. 591 of 2024, Police Station Kotwali Akbarpur, District Ambedkar Nagar, registered under Sections 64, 127(2), 351(3) B.N.S., 2023 and Section 3/4(2) POCSO Act. Basis: F.I.R. lodged 25.09.2024 alleging the applicant threatened the informant's daughter (aged about 15) while going to school, forcibly made her sit on his motorcycle, took her to a hotel and raped her; per the victim's statement recorded u/s 180 B.N.S.S., the episode involved Saif Khan, whom the applicant was to bring her to meet but who did not come (claiming illness), after which the applicant took her to a room in a hotel and raped her; her statement recorded u/s 183 B.N.S.S. reiterated that version. Counter-considerations relied upon: medicolegal examination report shows no mark of injury or sign of use of force; radiological age of victim opined 16-17 years; investigation concluded with charge-sheet dated 20.10.2024; co-accused Saif Khan already granted bail on 26.3.2025 in Criminal Misc. Bail Application No. 11730 of 2024 (learned A.G.A.-I opposed, arguing the rape allegation is against the applicant alone). Bail granted on personal bond and two sureties each in the like amount, with conditions not to tamper with prosecution evidence, not to pressurize prosecution witnesses, and to appear on each and every date fixed by the trial court unless exempted.

Neutral Citation No. - 2025:AHC-LKO:21135

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11593 of 2024 Applicant :- Mohammad Shahban Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others

Counsel for Applicant :- Kailash Nath Mishra,Deo Prakash Mishra Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Kailash Nath Mishra, learned counsel for the applicant and Sri Anurag Verma, learned A.G.A.-I

The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 591 of 2024, under Sections 64, 127(2), 351(3), B.N.S., 2023 and Section 3/4(2), POCSO Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.09.2024 against the applicant stating that the applicant had threatened the informant's daughter aged about 15 years while she was going to her school and he forcibly made her sit on his motorcycle, took her to a hotel and raped her.

In the statement of the victim recorded u/s 180 B.N.S.S., she stated that she had talked to Saif Khan through phone on several occasions, he had asked her to come to meet him and had stated that his friend, the applicant, would bring her to him. The applicant took her to the place, but Saif Khan did not come there. When the victim made a phone call, Saif Khan said that he was unwell and he would not come, thereafter, the applicant took her to a room in a hotel and raped her.

The medico legal examination report of the victim shows no mark of injury or sign of use of force. The age of the victim has been opined to be between 16 to 17 years as per her radiological examination report.

In the statement of the victim recorded u/s 183 B.N.S.S., she reiterated her earlier version.

In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 18 years, he has been falsely implicated in the present case and he has no criminal history.

The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet dated 20.10.2024.

A supplementary affidavit has been filed on behalf of the applicant annexing a bail-order of the co-accused Saif Khan, who has been granted bail by means of order dated 26.3.2025 passed in Criminal Misc. Bail Application No. 11730 of 2024, which is taken on record.

The learned A.G.A.-I has opposed the bail application. He has submitted that the allegation of commission of rape has been levelled against the applicant, and not against Saif Khan, who has already been granted bail.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has alleged commission of rape in a hotel room, the Medicolegal Examination Report mentions no mark of injury of sign of use of force on any part of her body; the applicant is a youngman aged 18 years, having no criminal history and he is in jail since 27.09.2024; investigation already stands concluded and chargesheet has been filed, and the co-accused has already been granted bail, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Mohammad Shahban be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

( Subhash Vidyarthi, J. )

Order Date :- 15.4.2025 A.Nigam

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench