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

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

What the court decided

AI extract

Outcome

Release of applicant Tasneem Khan on bail in Case Crime No. 215 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: (i) not tampering with the prosecution evidence; (ii) not pressurizing the prosecution witnesses; (iii) appearance on each and every date fixed by the trial court unless appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Tasneem Khan should be released on bail in Case Crime No. 215 of 2024, registered at Police Station Jankipuram, District Lucknow, under Sections 137(2), 65(1), 87, 318(4), 338, 336(3), 340(2), 341(1) B.N.S. I.P.C. and Section 3/4 (2) of the Protection of Children from Sexual Offences Act, 2012.

Court's answer

Considering that the victim has become hostile, that the applicant has no previous criminal history and that he is languishing in jail since 11.08.2024, the court held the aforesaid facts sufficient for making out a case for enlargement of the applicant on bail, expressly without making any observation which may affect the merits of the case.

Ratio / Principle

The bail application was allowed: the applicant was directed to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the conditions that he shall not tamper with the prosecution evidence, shall not pressurize the 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.

Detailed headnote1 paragraphs

CRIMINAL MISC. BAIL APPLICATION No. 2975 of 2025 — High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.) — Order dated 9.4.2025 — Bail ALLOWED. Applicant sought release in Case Crime No. 215 of 2024, Police Station Jankipuram, District Lucknow, under Sections 137(2), 65(1), 87, 318(4), 338, 336(3), 340(2), 341(1) B.N.S. I.P.C. and Section 3/4 (2) of Protection of Children from Sexual Offences Act, 2012, registered on an F.I.R. lodged 16.07.2024 alleging he had enticed away the informant's 15-year-old sister who had left home on 15.07.2024. In her Section 180 BNSS statement the victim said the applicant took her along and committed the misdeed; the medico-legal examination report revealed no mark of injury or sign of use of force; in her Section 183 BNSS statement she described knowing the applicant four years, called him her boyfriend, and said physical relations occurred under the allurement of marrying her. Counsel stated the victim had been examined in trial court and declared hostile; the affidavit asserted innocence, false implication and absence of criminal history; the learned Additional Government Advocate opposed the prayer but could not dispute these aspects; the applicant had been in jail since 11.08.2024. Holding these facts sufficient for enlargement without any observation affecting the merits, the court ordered release on a personal bond with two sureties each in the like amount, conditioned on non-tampering with prosecution evidence, non-pressurizing of prosecution witnesses, and appearance on every date fixed by the trial court unless exempted. Neutral citation 2025:AHC-LKO:19895.

Neutral Citation No. - 2025:AHC-LKO:19895

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2975 of 2025

Applicant :- Tasneem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Dheeraj Kumar Srivastava,Sachin Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Sachin Srivastava, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 215 of 2024, under Sections 137(2), 65(1), 87, 318(4), 338, 336(3), 340(2), 341(1) B.N.S. I.P.C. and Section 3/4 (2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jankipuram, District Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 stating that the informant's sister aged about 15 years has gone away from her home on 15.07.2024 and he suspected that the applicant had enticed her away.

In the statement of the victim recorded under Section 180 BNSS she sated that she had come in contact with the applicant, he had taken her with him and committed the misdeed. The medico legal examination report of the victim does not reveal any mark of injury or sign of use of

force. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant for the past four years and the applicant is her boyfriend. She stated that the applicant had made physical relations under the allurement of marrying her.

It has been stated by the learned counsel for the applicant that the victim has been examined by the learned trial court and she has been declared to be hostile.

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 and he has no criminal history.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has become hostile coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 11.08.2024 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-Tasneem Khan 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 :- 9.4.2025 Ram.

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