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

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

What the court decided

AI extract

Outcome

Release of applicant Sandeep Madheshiya on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) he shall not tamper with prosecution evidence; (ii) he shall not pressurize prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial court unless exempted by the learned trial court.

Issue for consideration

Whether Sandeep Madheshiya, in custody since 22.12.2024 on charges under Sections 137(2), 87, 64(1), 351(3) B.N.S., Sections 3/4 POCSO Act and Sections 3(2)(v), 3(2)(va) S.C./S.T. (P.A.) Act in Case Crime No. 334 of 2024, is entitled to be released on bail pending trial.

Court's answer

This court holds that the applicant is entitled to be released on bail in Case Crime No. 334 of 2024, expressly without making any observation which may affect the merits of the case.

Ratio / Principle

Ground relied upon: in her initial statement the victim did not level any allegation against the applicant and she declined to undergo a medicolegal examination.

Key takeaways

Further grounds relied upon: the applicant is a young man of 20 years with no criminal history, has been languishing in jail since 22.12.2024, and the investigation already stands concluded.ratio¶¶15

Detailed headnote1 paragraphs

Bail granted - Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J., allowed Criminal Misc. Bail Application No. 1305 of 2025 on 29.4.2025, ordering release of Sandeep Madheshiya, aged 20 with no criminal history, held in Case Crime No. 334 of 2024, P.S. Rajesultanpur, District Ambedkar Nagar, under Sections 137(2), 87, 64(1), 351(3) B.N.S., Sections 3/4 POCSO Act and Sections 3(2)(v), 3(2)(va) S.C./S.T. (P.A.) Act, registered on an F.I.R. of 25.11.2024 alleging that he, an employee of the informant's sweetmeat shop, enticed away the informant's 16-year-old daughter. The victim's Section 180 B.N.S.S. statement levelled no allegation against the applicant, said no force was used, and she declined a medico-legal examination; only her later Section 183 B.N.S.S. statement alleged she was taken by one Rajan and that the applicant committed misdeed against her in a hotel at Azamgarh. With the applicant in jail since 22.12.2024, a chargesheet dated 28.01.2025 on file and the investigation already concluded, bail was granted on a personal bond and two sureties with usual conditions, expressly without any observation affecting the merits.

Neutral Citation No. - 2025:AHC-LKO:25154

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1305 of 2025

Applicant :- Sandeep Madheshiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home District Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Nijam Ahmad, learned counsel for the applicant and Sri Anurag Verma, the learned A.G.A.-I.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 334 of 2024, under Sections 137(2),87,64(1),351(3), B.N.S., Section 3/4 POCSO Act, and Section 3(2)(v), 3(2)(va), S.C./S.T. (P.A.) Act, Police Station Rajesultanpur, District Ambedkar Nagar.

The aforesaid case has been registered on the basis of an F.I.R. lodged at about 16:40 on 25.11.2024 against the applicant and his family members, stating that the applicant used to work in the sweetmeat shop of the informant and he enticed away informant’s daughter, aged 16 years.

In the statement of the victim recorded under Section 180, B.N.S.S. she stated that she knows the applicant for the past three years, she had gone alone from her home at 7:00 p.m. on 22.11.2024 to Atraulia, from where she went to Azamgarh, then to Banaras and then to Hyderabad to see the applicant. After coming to know about lodging of the F.I.R. the victim came back. She categorically stated that no force was used against her. The victim declined to undergo medico-legal examination and before the Doctor also she categorically stated that no misdeed has been committed against her.

However, in her statement recorded under Section 183, B.N.S.S. the victim changed her version, and alleged that he had been kidnapped by one Rajan, who took her to Azamgarh, where Sandeep met her and committed misdeed against her in a hotel.

In the affidavit filed in support of the bail-application, it has

been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in this case.

The State has filed a counter-affidavit annexing therewith copies of the material collected during investigation and a copy of the chargesheet dated 28.01.2025.

Learned A.G.A.-I has opposed the bail application and has submitted that the victim was minor at the time of incident. The allegations have been established during investigation and, therefore, the applicant is not entitled to be released on bail.

Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that in the initial statement of the victim she has not levelled any allegation against the applicant and she has declined to undergo medicolegal examination, coupled with the fact that the applicant is a young man aged 20 years having no criminal history, and is languishing in jail since 22.12.2024, whereas the investigation already stands concluded, 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- Sandeep Madheshiya 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 :- 29.4.2025/A.Nigam

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