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

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

What the court decided

AI extract

Outcome

Release of applicant Rinku on bail in FIR No.22 of 2025 on furnishing a personal bond and two reliable sureties of Rs.20,000/- each, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; (c) not making any inducement, threat or promise to dissuade disclosure of facts or tamper with evidence.

Issue for consideration

Whether the applicant Rinku is entitled to be enlarged on bail in FIR No.22 of 2025 (Sections 65(1) of BNS and Section 5 J(ii)/6 of POCSO Act), Police Station Khamriya, District Lakhimpur Kheri.

Court's answer

This Court concluded that the applicant is entitled to be released on bail, taking into account the inconsistencies in the medical report, the inordinate delay in lodging the FIR, the absence of any criminal antecedents, and his incarceration since 21.01.2025; accordingly the bail application was allowed.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), COURT NO.12 (Pankaj Bhatia, J.) : Judgment dated October 27, 2025 in Criminal Misc. Bail Application No.1950 of 2025 — Bail ALLOWED to applicant Rinku in FIR No.22 of 2025, Police Station Khamriya, District Lakhimpur Kheri, prosecuted under Sections 65(1) of BNS and Section 5 J(ii)/6 of POCSO Act. Per the FIR narrative, physical relations were formed with the informant against her consent around two months before the complaint, and the victim was subsequently found pregnant at Bhiwani. Grounds weighed by the Court: inconsistencies in the medical report (victim's last menstrual period recorded as 20.01.2025, the same day the FIR was lodged), lodging of the FIR after inordinate delay vis-a-vis the alleged incident, absence of criminal antecedents, and detention since 21.01.2025. Release directed on personal bonds and two reliable sureties of Rs.20,000/- each, with conditions to attend hearings, refrain from similar offences, and make no inducement, threat or promise to any person acquainted with the facts or tamper with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 1950 of 2025

Rinku

.....Applicant(s)

Versus

The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s)

Counsel for Applicant(s) : Ajeet Kumar Singh, Saurabh Verma Counsel for Opposite Party(s) : G.A., Deo Raj Singh

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Deo Raj Singh, learned Counsel appearing on behalf of the complainant.

2 . The applicant seeks enlargement on bail in FIR No.22 of 2025, under Sections 65(1) of BNS and Section 5 J(ii)/6 of POCSO Act, Police Station Khamriya, District Lakhimpur Kheri.

3 . In terms of the FIR, it was alleged that around two months ago, the informant and the applicant had formed physical relations against her consent and subsequently, the victim had gone to Bhiwani where she was found to be pregnant.

4 . In the light of the said allegatio, the Counsel for the applicant argues that the FIR in question was lodged after about 2 months of the alleged incident. He further argues that the FIR in question was lodged on 20.01.2025 in respect to an offence which is alleged to have taken place two months ago. The medical on record itself recorded that the last menstrual period suffered by the victim was 20.01.2025.

5. Learned A.G.A. vehemently opposed the bail prayer.

6. Considering the inconsistencies in the medical report; the FIR was lodged after inordinate delay and the fact that the applicant has no

BAIL No. 1950 of 2025

2

criminal antecedents and is languishing in jail since 21.01.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

7. Let the applicant Rinku be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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.)

October 27, 2025

akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench