Mohammad Dildar vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mohammad Dildar vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted: accused-applicant Mohammad Dildar to be released on execution of a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, no pressurizing/intimidation of prosecution witnesses with co-operation in trial, and regular appearance before the trial court; breach of conditions permits the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Mohammad Dildar, booked in Case Crime No. 387 of 2024 under Sections 62, 74, 115(2), 140 of the Bharatiya Nyaya Sanhita, 2023 and Section 9D/10 of the POCSO Act, P.S. Ghaziabad Kotwali, District Ghaziabad, should be enlarged on bail.

Court's answer

The Court decided that a case for bail was made out and allowed the bail application, directing that the accused-applicant Mohammad Dildar be released on bail on executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned.

Ratio / Principle

In reaching the decision, the Court weighed the nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, expressly without commenting on the merits of the case.

Key takeaways

Release on bail is conditional: the applicant shall not tamper with evidence, shall not indulge in criminal activity, shall not pressurize or intimidate prosecution witnesses and shall co-operate in the trial, and shall appear regularly on each date fixed by the trial court; on breach of any condition the court below may cancel his bail.ratio¶17

Detailed headnote1 paragraphs

Bail granted - CRIMINAL MISC. BAIL APPLICATION No. 1458 of 2025 (Court No. 68), High Court of Judicature at Allahabad (Hon'ble Ashutosh Srivastava, J.), Order dated 22.4.2025, Neutral Citation No. 2025:AHC:59984. Applicant Mohammad Dildar, languishing in jail since 5.9.2024, moved a bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for enlargement on bail in Case Crime No. 387 of 2024, P.S. Ghaziabad Kotwali, District Ghaziabad, booked under Sections 62, 74, 115 (2), 140 of the Bharatiya Nyaya Sanhita, 2023 and Section 9D/10 of POCSO Act. Counsel argued innocence and false implication allegedly stemming from scrap-business competition with the victim's father, noting absence of criminal antecedents and no likelihood of absconding or tampering; the learned AGA opposed. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, but without commenting on merits, the Court allowed bail: release on a personal bond and two reliable sureties each, subject to conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and co-operation in trial; regular appearance on dates fixed by the trial court); on breach of any condition the court below may cancel bail.

Neutral Citation No. - 2025:AHC:59984

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1458 of 2025

Applicant :- Mohammad Dildar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Ajay Singh Yadav, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Mohammad Dildar, seeking enlargement on bail in Case Crime No. 387 of 2024, under Sections 62, 74, 115 (2), 140 of the Bharatiya Nyaya Sanhita, 2023 and Section 9D/10 of POCSO Act, Police Station Ghaziabad Kotwali, District Ghaziabad.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 5.9.2024. Learned counsel for the applicant submits that during investigation, the investigating officer of the case has got recorded statement of nearby persons of the place of occurrence, who said that victim was fell down at the turning point of the lane. When the applicant lifted her, then she started crying. The applicant and father of the victim are doing scarp business and due to business competition the applicant has been falsely implicated in this case. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Mohammad Dildar , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 22.4.2025 Ravi Prakash

(Ashutosh Srivastava, J.)

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad