Ali Raza @ Bhuttu Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Ali Raza @ Bhuttu Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement of applicant Ali Raza @ Bhuttu on bail in Case Crime No. 0061 of 2025 on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every date fixed by the trial court unless exempted.

Issue for consideration

Whether the applicant, accused in Case Crime No. 0061 of 2025 under Sections 64(1), 115(2), 351(2) B.N.S. and Section 5M/6 of the Protection of Children from Sexual Offences Act, 2012, should be enlarged on bail.

Court's answer

Considering the discrepancy regarding the nature of the acts committed by the applicant in the F.I.R., the victim's statements under Sections 180 BNSS and 183 BNSS and the findings of the medico legal examination report, the applicant's lack of previous criminal history, his incarceration since 11.02.2025 and the concluded investigation, the court held the facts sufficient for enlargement of the applicant on bail.

Ratio / Principle

The bail application was allowed and the applicant was to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.

Key takeaways

Release was made subject to three conditions: the applicant shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.ratio¶17

Detailed headnote1 paragraphs

Bail — allowed (Allahabad High Court, Lucknow Bench, Subhash Vidyarthi, J., order dated 8.4.2025; Neutral Citation 2025:AHC-LKO:19635). Applicant Ali Raza @ Bhuttu sought bail in Case Crime No. 0061 of 2025, Police Station Jalalapur, District Ambedkar Nagar, under Sections 64(1), 115(2), 351(2) B.N.S. and Section 5M/6 of the Protection of Children from Sexual Offences Act, 2012, arising from an F.I.R. of 10.02.2025 concerning the informant's 7-year-old daughter. The victim's statements under Sections 180 and 183 BNSS differed as to the alleged act (object in vagina versus object in anus), and the medico legal examination recorded no mark of injury or sign of use of force, its findings not supporting the F.I.R. allegations. The applicant had no criminal history, was languishing in jail since 11.02.2025, and the investigation stood concluded with a charge sheet dated 18.02.2025. Holding these facts sufficient, the court enlarged the applicant on bail on a personal bond and two sureties each in the like amount, subject to conditions of no tampering with evidence, no pressure on witnesses, and appearance on every trial date unless exempted.

Neutral Citation No. - 2025:AHC-LKO:19635

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2936 of 2025

Applicant :- Ali Raza @ Bhuttu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Balak Ram Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Balak Ram, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0061 of 2025, under Sections 64(1), 115(2), 351(2) B.N.S. and Section 5M/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jalalpur, District Ambedkar Nagar.

The aforesaid case has been registered on the basis of an F.I.R. lodged at 21.43 Hrs. on 10.02.2025 stating that the applicant had taken the informant's daughter aged about 7 years to a mustered field at about 5.00 p.m. on the aforesaid date. He touched her private part and tried to put her penis in her. When the girl cried the applicant slapped her and threatened her. After the applicant had left the place the girl starting crying whereupon some persons gathered there.

In the statement of the informant recorded under Section 180 BNSS he reiterated the F.I.R. version. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant had put some object in her vagina. In the medico legal examination report no mark of injury or sign of use of force has

been recorded and the findings do not support the allegations levelled in the F.I.R. and in the statements. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant had put some object inside her anus. She closed her eyes. She did not know as to what was the object put in her. She further stated that several persons were standing beside her and they had chased the applicant.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case due to a dispute regarding some abadi land between the parties and he has no criminal history.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and charge sheet has been submitted on 18.02.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the discrepancy regarding nature of deeds committed by the applicant in the F.I.R., statements of victim recorded under Section 180 BNSS and under Section 183 BNSS and findings of medico legal examination report; that the applicant has no previous criminal history and he is languishing in jail since 11.02.2025 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-Ali Raza @ Bhuttu 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 :- 8.4.2025 Ram.

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