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

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

What the court decided

AI extract

Outcome

Bail granted: applicant Rohit Maurya to be released on bail in FIR No. 105 of 2024 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 similar offence, and (c) not directly or indirectly inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the applicant Rohit Maurya, accused in FIR No. 105 of 2024 under sections 363, 366, 376(DA) IPC and Sections 5/6 POCSO Act, P.S. Alambagh, District Lucknow, is entitled to be enlarged on bail.

Court's answer

Considering the medical report on record and the delay in lodging the FIR, however without commenting upon the merits of the case, the applicant who is in jail since 7.6.2024 and has no criminal history is entitled to be enlarged on bail.

Ratio / Principle

The applicant is to be released on bail in the aforesaid FIR number on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions of attending hearings, not committing similar offences, and not inducing, threatening or tampering with witnesses or evidence.

Detailed headnote1 paragraphs

Bail granted — FIR No. 105 of 2024, P.S. Alambagh, District Lucknow, under sections 363, 366, 376(DA) IPC and Sections 5/6 POCSO Act — Considering the medical report on record and the delay in lodging the FIR, and without commenting upon the merits of the case, the Single Judge (Pankaj Bhatia, J.) held that the applicant, in jail since 7.6.2024 and with no criminal history, was entitled to be enlarged on bail — Release directed on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions of attendance at hearings, abstention from similar offences, and non-inducement/non-tampering with witnesses or evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 12655 of 2024

Rohit Maurya

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)

Counsel for Applicant(s) : Sanjay Kumar Pandey, Brijesh Kumar Singh Counsel for Opposite Party(s) : G.A., Arun Kumar, Krishna Gopal 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. 105 of 2024, under sections 363, 366, 376(DA) IPC and Sections 5/6 POCSO Act, P.S. Alambagh, District Lucknow.

3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant used to stay as a neighbor near informant's home. On 1.6.2024 the daughter of the informant was taken by him to home of one Sandeep Jaiswal and thereafter wrong was committed on her. In the statement under Section 161 Cr.P.C. the victim stated that she had gone alongwith applicant to the home of one Sandeep who was her uncle and wrong was committed while uncle was at home. There is no definite document with regard to exact age of the victim. Medical on record does not corroborate the allegations. The FIR was also lodged after a delay of five days.

4. Learned AGA has opposed the bail application.

5. Considering the medical report on report and the delay in lodging the FIR, however, without commenting upon the merits of the case, the applicant who is in jail since 7.6.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

BAIL No. 12655 of 2024

2

6. Let the applicant Rohit Maurya 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.)

November 12, 2025

J. K. Dinkar

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