Prince Alias Himanshu vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Prince Alias Himanshu vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to Prince alias Himanshu in Case Crime No. 23 of 2019 (Sections 5/6 POCSO Act, PS Rajabpur, District Amroha) on furnishing a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses and appearance before the trial court on fixed dates; sureties to be verified before release order; breach grounds cancellation of bail.

Issue for consideration

Whether the applicant, Prince alias Himanshu, already enlarged on bail earlier, should be granted bail in respect of the added Sections 5/6 POCSO Act charges in Case Crime No. 23 of 2019, Police Station Rajabpur, District Amroha, during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of counsel, and taking into consideration the aforementioned judgments of the Supreme Court, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

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 court concerned, with sureties verified before issuance of the release order, subject to conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶20

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Krishan Pahal, J.; Neutral Citation 2025:AHC:118368) allowed a regular bail application in Case Crime No. 23 of 2019 under Section 5/6 POCSO Act, PS Rajabpur, District Amroha, filed after a charge-sheet was submitted in the added sections, the applicant having earlier been enlarged on bail vide order dated 23.05.2025 in Criminal Misc. Bail Application No. 17763 of 2025. Relying on Bhadresh Bipinbhai Sheth v. State of Gujarat, 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav v. State of Maharashtra, 2018 SCC OnLine SC 3428, where accused were enlarged on anticipatory bail in added sections after regular bail under Sections 438/439 Cr.P.C., the Court held a regular-bail case stands on a better footing. Bail allowed on personal bond and two sureties, with conditions against tampering with evidence and intimidating witnesses; breach invites cancellation; observations not to affect the trial judge's independent opinion. Custody since 20.03.2025; no criminal history stated.

Neutral Citation No. - 2025:AHC:118368

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16575 of 2025

Applicant :- Prince Alias Himanshu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bed Prakash Rai Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Satendra Singh, Advocate holding brief of Sri Bed Prakash Rai, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Learned A.G.A. has informed that the notice to the informant has been served on 06.05.2025.

Applicant seeks bail in Case Crime No.23 of 2019, under Section 5/6 POCSO Act, Police Station Rajabpur, District Amroha, during the pendency of trial.

Learned counsel for the applicant has stated that the applicant was granted bail by this Court vide order dated 23.05.2025 passed in Criminal Misc. Bail Application No.17763 of 2025 and later on, the final report (charge-sheet) has been submitted in the added Section of 5/6 POCSO Act. Learned counsel has further stated that the applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. There is no criminal history of the applicant. The applicant is languishing in jail since 20.03.2025. In case, he is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

In the judgments of Supreme Court passed in Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra , reported in 2018 SCC OnLine SC

3428 , the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although, the instant case is of regular bail but it can be considered to be on better footing.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, taking into consideration the aforementioned judgments of the Supreme Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Prince Alias Himanshu , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 21.7.2025 (Ravi Kant)

(Justice Krishan Pahal)

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