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

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

What the court decided

AI extract

Outcome

Release of applicant Saurabh Gaur on bail in FIR/Case Crime No.0003 of 2025 upon furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each to the satisfaction of the court concerned, subject to conditions (a)-(c): undertaking to attend hearings, not committing any similar offence, and not making any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the accused-applicant Saurabh Gaur is entitled to be released on bail in FIR/Case Crime No.0003 of 2025 (Sections 64(1), 333, 74, 75(2), 351(3) BNS and Sections 3/4 & 7/8 POCSO Act), P.S. Rajesultanpur, District Ambedkar Nagar.

Court's answer

Considering the inconsistencies in the victim's statements under Section 183 BNSS, the medical examination not corroborating the allegations, and the statement made before the medical authorities, prima-facie a case for bail is made out; additionally, the applicant is in custody since 06.01.2025 and has no criminal history. On these grounds the bail application was allowed.

Ratio / Principle

The applicant Saurabh Gaur was directed to be released on bail in the aforesaid FIR/Case Crime Number subject to furnishing a personal bond and two reliable sureties of Rs.20,000/- each, with conditions that he attend hearings, commit no similar offence, and make no inducement, threat or promise to dissuade any person from disclosing facts or tamper with the evidence.

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Pankaj Bhatia, J.), Criminal Misc. Bail Application No. - 2145 of 2025, decided October 16, 2025. Applicant Saurabh Gaur sought bail in FIR/Case Crime No.0003 of 2025, P.S. Rajesultanpur, District Ambedkar Nagar, under Sections 64(1), 333, 74, 75(2), 351(3) BNS and Sections 3/4 & 7/8 POCSO Act, relating to alleged harassment and wrongful acts on a minor girl (tentative age around 16 years). The Court noted inconsistencies in the victim's statements recorded under Section 183 BNSS (given on 07.01.2025), a medical examination dated 06.01.2025 which did not corroborate any visible force, and the victim's admission before the medical authorities that she knew the applicant for the last one year. Holding that a prima-facie case for bail was made out — the applicant being in custody since 06.01.2025 with no criminal history — the bail application was allowed, directing release on a personal bond and two reliable sureties of Rs.20,000/- each, subject to conditions requiring attendance at hearings, abstention from similar offences, and refraining from inducement, threat, promise or tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 2145 of 2025

Saurabh Gaur

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Girish Kumar Pandey, Chandra Chood Pandey, Tripuresh Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The accused-applicant seeks bail in FIR/Case Crime No.0003 of 2025 under section 64(1), 333, 74, 75(2), 351(3) BNS and 3/4 & 7/8 POCSO Act, P.S. Rajesultanpur, District Ambedkar Nagar.

In terms of the FIR, it was alleged that the minor daughter of the informant used to be harassed by the applicant and also inappropriately touched and on 07.12.2024, wrong was committed on her, however, no report was lodged on account of social pressure. Subsequently, on 03.01.2025, the applicant came in the house and started misbehaving with her, however he ran away. No allegation of rape was alleged on 03.01.2025.

In the statement under section 183 BNSS, the victim stated that she was being harassed for the last one year and on 01.01.2025, when she was alone at home, wrong was committed on her. The said statement was given on 07.01.2025. The medical of the victim was done on 06.01.2025, which did not corroborate the allegation of any force being visible. Before the medical authorities, she admitted that she knew the applicant for the last one year. The tentative age of the victim is around 16 years.

Considering the inconsistencies in the statements under section 183

BAIL No. 2145 of 2025

2

BNSS, the medical not corroborating the allegations and the statement made before the medical authorities, prima-facie, a case for bail is made out, more so, when the applicant is in custody since 06.01.2025 and has no criminal history. Thus the bail application is allowed.

Let the applicant Saurabh Gaur be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 16, 2025

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench