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

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

What the court decided

AI extract

Outcome

Release of the applicant Jawahar Lal on bail in FIR No.531 of 2024 on furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to the conditions stated in clauses (a), (b) and (c) of paragraph 7.

Issue for consideration

Whether the applicant Jawahar Lal, accused in FIR No.531 of 2024 (P.S. Kotwali Dehat, District Bahraich) under Sections 376(1), 457, 506 IPC and Sections 5(J)ii/6 of POCSO Act, is entitled to be enlarged on bail, particularly in light of the FSL report indicating that he is not the biological father of the child born to the victim.

Court's answer

Considering the report of the FSL (which, per counsel's submission on record, shows the applicant is not the biological father of the child born), the absence of criminal antecedents, and incarceration since 26.11.2024, the applicant is entitled to be released on bail.

Ratio / Principle

The bail application is allowed; the applicant Jawahar Lal is to be released on bail in FIR No.531 of 2024 on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tamper with the evidence.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), COURT NO. 12 - PANKAJ BHATIA, J. - Crl. Misc. Bail Application No. 23 of 2025 - decided November 10, 2025. BAIL ALLOWED. Applicant, the uncle of the alleged victim (daughter of the informant, aged about 15 years), sought bail in FIR No.531 of 2024, P.S. Kotwali Dehat, District Bahraich, under Sections 376(1), 457, 506 IPC and Sections 5(J)ii/6 of POCSO Act, alleging sexual assault 2-3 days after 23.04.2024, subsequent pregnancy, FIR lodged 27.09.2024, and similar statements under Sections 161 and 164 Cr.P.C. Counsel for the applicant pointed to the FSL report on record indicating that the applicant is not the biological father of the child born. Weighing the FSL report, the applicant's lack of criminal antecedents and his incarceration since 26.11.2024, the Court held the applicant entitled to bail and ordered release on personal bonds and two reliable sureties of Rs.20,000/- each, with conditions of attendance, abstention from similar offences, and no inducement, threat, promise or tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 23 of 2025

Jawahar Lal

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : K.K. Singh, Faizal Hashmi Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Ram Pheran Dwivedi, who has filed Vakalatnama on behalf of the complainant. The Vakalatnama is taken on record.

2 . The applicant seeks enlargement on bail in FIR No.531 of 2024, under Sections 376(1), 457, 506 IPC and Sections 5(J)ii/ 6 of POCSO Act, Police Station Kotwali Dehat, District Bahraich.

3 . In terms of the FIR, it was alleged that after 2-3 days of 23.04.2024, the daughter of the informant aged about 15 years was at home, the applicant, who is the uncle of the victim, entered into the house of the informant and make physical relation against her consent. Subsequently, it was revealed that she was become pregnant. The FIR was lodged on 27.09.2024. Somewhat similar statement was given under Sections 161 and 164 of Cr.P.C.

4 . The Counsel for the applicant argues that as per the FSL report, the applicant is not the biological father of the child born. The copy of the FSL report is on record.

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

6. Considering the report of the FSL and the fact that the applicant has no criminal antecedents and is languishing in jail since 26.11.2024, I am of

BAIL No. 23 of 2025

2

the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

7. Let the applicant Jawahar Lal 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.)

November 10, 2025

akverma

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