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

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

What the court decided

AI extract

Outcome

Applicant Vishal @ Nirmal ordered released on bail in Case Crime No. 187 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the following conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether applicant Vishal @ Nirmal may be released on bail in Case Crime No. 187 of 2024, registered at Police Station Hardattganj, District Shrawasti, under Sections 137(2), 87, 64(2)(m), 65(1) B.N.S. and Section 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012.

Ratio / Principle

Having considered the facts before the Court — the victim's consistent statements levelling no allegation against the applicant, the applicant being a young man with no previous criminal history languishing in jail since 28.10.2024, and the concluded investigation — and expressly without making any observation affecting the merits of the case, the aforesaid facts were held sufficient for making out a case for enlargement of the applicant on bail.

Detailed headnote1 paragraphs

Bail application allowed — Vishal @ Nirmal sought pre-trial release in Case Crime No. 187 of 2024, Police Station Hardattganj, District Shrawasti, framed under Sections 137(2), 87, 64(2)(m), 65(1) B.N.S. and Section 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012, following an F.I.R. of 26.10.2024 (lodged against three persons, including the applicant and his father) alleging enticement of the informant's daughter, aged about 14 years, on 24.10.2024. In statements under Sections 180 and 183 BNSS the victim consistently stated that she left willingly, wished to marry the applicant, married him in a temple and that no force was used; the medico legal report disclosed no injury or sign of force and radiological examination opined her age at about 16 years. The applicant, aged 23 years with no criminal history and in custody since 28.10.2024, faced a concluded investigation with a charge sheet dated 10.11.2024. Holding these facts sufficient, and expressly reserving the merits, Subhash Vidyarthi, J. allowed bail on a personal bond and two sureties each in the like amount, imposing conditions against tampering with evidence, pressurizing witnesses and requiring appearance on every date fixed by the trial court.

Neutral Citation No. - 2025:AHC-LKO:25218

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 264 of 2025

Applicant :- Vishal @ Nirmal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rama Kant Dixit Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra,Saksham Agarwal

Hon'ble Subhash Vidyarthi,J.

Heard Sri Ram Vishal Tripathi, Advocate holding brief of Sri Rama Kant Dixit, the learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate-I for the State, Sri Saksham Agarwal, the learned counsel for the informant and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 187 of 2024, under Sections 137(2), 87, 64(2)(m), 65(1) B.N.S. and Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Hardattganj, District Shrawasti.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.10.2024 against three persons, including the applicant and his father stating that the applicant had enticed away the informant's daughter aged about 14 years on 24.10.2024.

In the statement of the victim recorded under Section 180 BNSS she stated that she knows the applicant and she wants to marry him. She herself had called the applicant outside and the applicant had gone with her and she has married the applicant in a temple.

The medico legal examination report of the victim does not reveal any mark of injury or sign of use of force and as per radiological examination report of the victim her age has been opined to be about 16 years.

In the statement of the victim recorded under Section 183 BNSS also she reiterated her earlier version and she categorically stated that the applicant has not used force against her.

In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 23 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history.

The State has filed a counter affidavit annexing therewith copies of materials collected during investigation and copy of charge sheet dated 10.11.2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 28.10.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Vishal @ Nirmal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court

concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 1.5.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench