Santosh Kumar @ Chhotu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Santosh Kumar @ Chhotu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Santosh Kumar @ Chhotu to be released on bail in FIR No.595 of 2024 on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; (c) not 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, Santosh Kumar @ Chhotu, in custody in FIR No.595 of 2024 under Sections 137(2), 87, 64(2)(M) & 65(1) of BNS and Section 5L/6 of POCSO Act, is entitled to be enlarged on bail.

Court's answer

Considering the victim's statement under Section 183 BNSS (that she had gone alongwith the applicant and had married in a temple), the absence of any definite document regarding the victim's exact age, and the facts that the applicant is in custody since 22.12.2024 and has no criminal antecedent, he is entitled to be enlarged on bail.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 12), Pankaj Bhatia, J. — Criminal Misc. Bail Application No. 1339 of 2025, decided October 17, 2025. Bail granted to Santosh Kumar @ Chhotu in FIR No.595 of 2024, P.S. Kotwali Dehat, District Balrampur, under Sections 137(2), 87, 64(2)(M) & 65(1) of BNS and Section 5L/6 of POCSO Act. Per the FIR, the informant's daughter aged about 14 years was missing and allegedly enticed by an unknown person; however, in her statement under Section 183 BNSS the victim stated she had gone alongwith the applicant and had married in a temple, and there was no definite document regarding her exact age. With the applicant in custody since 22.12.2024 and having no criminal antecedent, the Court held him entitled to bail despite learned AGA's opposition, releasing him on a personal bond with two sureties of Rs.20,000/- each, subject to standard conditions (attendance at hearings, commission of no similar offence, and no inducement/threat/tampering with witnesses or evidence).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 1339 of 2025

Santosh Kumar @ Chhotu

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Vinay Kumar Tripathi, Ashok Kumar Mishra, Prachi Counsel for Opposite Party(s) : G.A.

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.595 of 2024, under Section 137(2), 87, 64(2)(M) & 65(1) of BNS and Section 5L/6 of POCSO Act, P.S. Kotwali Dehat, District Balrampur.

3. In terms of the FIR it was alleged that daughter of the informant aged about 14 years was missing and some unknown person had enticed her. In the statement under Section 183 BNSS, the victim stated that she had gone alongwith the applicant and had married in a temple. There is no definite document with regard to the exact age of the victim.

4. Learned AGA has opposed the bail application.

5. Considering the said statement, the applicant who is in custody since 22.12.2024 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed .

6. Let the applicant Santosh Kumar @ Chhotu 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:

BAIL No. 1339 of 2025

2

(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.)

October 17, 2025

nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench