Umesh Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Umesh Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Umesh Kumar to be released on bail in the aforesaid FIR/Case Crime Number subject to furnishing a personal bond and two reliable sureties of Rs.20,000/- each, and compliance with conditions: (a) execute a bond to attend hearings; (b) not commit any similar offence; (c) not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the accused-applicant Umesh Kumar is entitled to be released on bail in FIR/Case Crime No. 209 of 2025 (sections 65(1), 89, 352, 351(3) BNS; sections 5/6 POCSO Act).

Court's answer

Considering that the physical relations continued for around six months, and that the applicant has been in custody since 26.09.2025 and has no criminal history, he is entitled to bail; the bail application is allowed.

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad (Lucknow Bench), Pankaj Bhatia, J., allowed Criminal Misc. Bail Application No. 11874 of 2025 by Umesh Kumar seeking bail in FIR/Case Crime No. 209 of 2025, P.S. Rajesultanpur, District Ambedkar Nagar, under sections 65(1), 89, 352, 351(3) BNS and sections 5/6 POCSO Act. The FIR alleged that the informant's daughter (tentative age 16 to 17 years) was enticed by the applicant, physical relations were formed under the false pretext of marriage and an abortion was got done; in her statement under section 183 BNSS the victim stated the relations were against her consent. Noting that the physical relations continued for around six months, that the applicant had been in custody since 26.09.2025 and had no criminal history, the Court held him entitled to bail and directed his release on a personal bond with two reliable sureties of Rs.20,000/- each, subject to conditions to attend hearings, abstain from similar offences, and refrain from inducement, threat, promise or tampering with evidence. Decision dated November 28, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11874 of 2025

Umesh Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh, Saurabh Kumar Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The accused-applicant seeks bail in FIR/Case Crime No.209 of 2025 under sections 65(1), 89, 352, 351(3) BNS, and section 5/6 POCSO Act, P.S. Rajesultanpur, District Ambedkar Nagar.

In terms of the FIR, allegations were levelled that the daughter of the informant was enticed by the applicant and physical relations were formed and thereafter abortion was also got done. In the statement under section 183 BNSS, the victim stated that she knew the applicant for the last five months and physical relations were formed against her consent. In the statement under section 183 BNSS, the victim stated that under the false pretext of marriage, physical relations were formed. The tentative age of the victim is around 16 to 17 years.

Considering the fact that the physical relations continued around six months, the applicant who is in custody since 26.09.2025 and has no criminal history is entitled to bail. Thus the bail application is allowed.

Let the applicant Umesh Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount

BAIL No. 11874 of 2025

2

to the satisfaction of the 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.)

November 28, 2025

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench