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

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

What the court decided

AI extract

Outcome

Release of applicant Sandeep on bail in Case Crime No. 0428 of 2024 (P.S. Laharpur, District Sitapur) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to: (i) no tampering with prosecution evidence; (ii) no pressurizing of prosecution witnesses; (iii) appearance on each and every date fixed by the trial court unless exempted by the learned trial court.

Issue for consideration

Whether the applicant Sandeep should be enlarged (released) on bail in Case Crime No. 0428 of 2024, under Sections 137(2), 87 and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Laharpur, District Sitapur.

Court's answer

Keeping in view the victim's consistent statements in which she has not levelled any allegation against the applicant, the applicant being a young man with no criminal history, his detention in jail since 22.10.2024, and the conclusion of the investigation, the court held that the facts are sufficient for making out a case for enlargement of the applicant on bail.

Ratio / Principle

The bail application stands allowed.

Key takeaways

The applicant is to be released 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 the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; and (iii) he shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 15), Criminal Misc. Bail Application No. 14 of 2025, decided 7.5.2025 by Hon'ble Subhash Vidyarthi, J. (Neutral Citation 2025:AHC-LKO:26762). Bail allowed to applicant Sandeep in Case Crime No. 0428 of 2024, under Sections 137(2), 87 and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Laharpur, District Sitapur, arising from an F.I.R. lodged on 09.10.2024 (via application under Section 173(4) B.N.S.) alleging that he enticed away the informant's daughter aged 15 years on 2.08.2024. In statements under Sections 180 and 183 B.N.S.S. the victim consistently stated she is aged 18 years, stayed with the applicant as his wife for about two months after a family quarrel, claims marriage to him on 09.10.2024, and she declined medico-legal examination; charge-sheet dated 07.12.2024 on record; investigation concluded; applicant, a young man with no criminal history, in jail since 22.10.2024. Release ordered on personal bond and two sureties each in like amount, subject to conditions barring tampering with evidence and pressurizing witnesses and requiring attendance on all trial dates.

Neutral Citation No. - 2025:AHC-LKO:26762

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14 of 2025

Applicant :- Sandeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Prince Singh, Advocate, holding brief of Sri Rajiv Raman Srivastava, the learned counsel for the applicant, as well as Ms. Nikita Mishra, learned Additional Government Advocate for the State, and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.0428 of 2024, under Sections 137(2), 87 and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Laharpur, District Sitapur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 on an application moved under Section 173 (4) B.N.S., against four persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 15 years on 2.08.2024.

In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years, a quarrel had taken placed between her and her family members due to which she had gone to Lakhimpur Kheri and she stayed with the applicant as his wife for two months. She stated that she has married the applicant on 09.10.2024.

The victim had decline to undergo medico legal examination.

In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version.

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

Learned Additional Government Advocate has opposed the bail application and she has submitted that information of the present application has been delivered to informant through police.

The State has filed a counter affidavit today annexing therewith the copies of the materials collected during investigation and a copy of the charge-sheet dated 07.12.2024, which is taken on record.

Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant; that the applicant is a young man having no criminal history and he is languishing in jail since 22.10.2024, whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant - Sandeep 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 :- 7.5.2025 MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench