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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Vikas in FIR No. 216 of 2024 on furnishing a personal bond with two sureties of Rs. 20,000/- each, subject to the three enumerated conditions (attend hearings; refrain from similar offences; refrain from inducement, threat, promise or tampering with evidence).

Issue for consideration

Whether applicant Vikas, in custody since 04.08.2024 with no criminal history, is entitled to be enlarged on bail in FIR No. 216 of 2024 (sections 64, 87, 137(2) BNS; Sections 5J(ii)/6 POCSO Act, P.S. Ajgain, District Unnao).

Court's answer

Without commenting upon the merits of the case, considering the statement of the applicant, the applicant who is in jail since 4.8.2024 and has no criminal history is entitled to be enlarged on bail; accordingly, the bail application is allowed.

Ratio / Principle

Applicant Vikas to be released on bail in the aforesaid FIR 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 offence similar to that of which he is accused or suspected; (c) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police officer, nor tampering with evidence.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12 — Criminal Misc. Bail Application No. 156 of 2025, decided November 11, 2025 by Hon'ble Pankaj Bhatia, J.: bail application allowed for applicant Vikas in FIR No. 216 of 2024, P.S. Ajgain, District Unnao, involving sections 64, 87, 137(2) BNS and Sections 5J(ii)/6 POCSO Act. Bail allowed expressly 'without commenting upon the merits', on the basis that the applicant had been in jail since 4.8.2024 and had no criminal history. Counsel submitted that the FIR alleged enticement of the informant's daughter, that the victim (tentative age around 17 years) in her statement did not support the prosecution story and stated that both had married; the learned AGA opposed bail. Release directed on a personal bond with two sureties of Rs. 20,000/- each, subject to standard conditions; nobody appeared for the informant despite notice.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 156 of 2025

Vikas

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Durga Prasad, Devendra Pratap, Shashank Shekhar Singh, Sonu Yadav, Vijai Bahadur Ram Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard Shri Saad Hussain, learned counsel for the applicant, learned AGA and perused the record. None appears for the informant despite notice.

2. The applicant seeks enlargement on bail in FIR No. 216 of 2024, under sections 64, 87, 137(2) BNS, Sections 5J(ii)/6 POCSO Act, P.S. Ajgain, District Unnao.

3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant was enticed by the applicant. Subsequently in her statement the victim did not support the prosecution story and stated that both of them have married. The tentative age of the victim is around 17 years.

4. Learned AGA has opposed the bail application.

5. Considering the statement of the applicant, however, without commenting upon the merits of the case, the applicant who is in jail since 4.8.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Vikas be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the

BAIL No. 156 of 2025

2

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 11, 2025

J. K. Dinkar

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