Allowed¶15

Faeem v. State of U.P. and 3 Others

Allahabad HC6 Oct 2025BAIL/33929/2025

Case brief

AI extract

What is this about?

Faeem bail allowed, Allahabad High Court, Court No. 65, Dr. Gautam Chowdhary J., 07-10-2025; Case Crime No. 112 of 2025, P.S. Hayat Nagar, District Sambhal; charges under Ss. 137(2), 87, 64(1) B.N.S. and Ss. 3/4 POCSO Act; enticement of minor girl with Rs. 50,000 and 2 tola gold; victim D.O.B. 01.01.2008, aged about 17.5 years; consent claim via statement under Section 183 B.N.S.S.; marriage at Delhi; custody since 15.06.2025; release on personal bond and two local heavy sureties with standard bail conditions.

What did the court decide?

Release of applicant Faeem on bail on furnishing a personal bond and two local heavy sureties each of the like amount, subject to five specified conduct conditions, with liberty to the trial court to cancel bail on breach. ¶15

Faeem Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Faeem, accused in Case Crime No. 112 of 2025 (Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 of POCSO Act), is entitled to release on bail.

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Court's answer

Without expressing any opinion on the merits, the Court found that the applicant had made out a case for bail and allowed the bail application.

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Ratio / Principle

The applicant was ordered to be released on bail upon furnishing a personal bond and two local heavy sureties of like amount, subject to conditions barring tampering with evidence, threatening or harassing witnesses, absence on fixed dates, commission of similar offences, and inducement, threat or promise to dissuade disclosure; on breach, the trial court may cancel bail.

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Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.), by order dated October 7, 2025, allowed Criminal Misc. Bail Application No. 33929 of 2025 of applicant Faeem, involved in Case Crime No. 112 of 2025 under Sections 137(2), 87, 64(1) B.N.S. and Sections 3/4 of POCSO Act, Police Station Hayat Nagar, District Sambhal. Allegations were that the applicant enticed away the first informant's daughter alongwith Rs. 50,000/- cash and 2 tola gold; the applicant argued that per her High School record D.O.B. of 01.01.2008 the victim was about 17 1/2 years old and, per her Section 183 B.N.S.S. statement, had gone with him of her own free will owing to parental beatings and married him at Delhi. Noting custody since 15.06.2025, and expressly without expressing any opinion on merits, the Court directed release on a personal bond with two local heavy sureties of like amount, imposing conditions against tampering, harassment of witnesses, absence, similar offences and inducement, and preserved the trial court's power to cancel bail on breach.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 33929 of 2025

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Faeem

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Farid Ahmad
Counsel for Opposite Party(s)	: G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Ms. Rukmani Ojha, learned counsel has put in appearance on behalf of the first informant.

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Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant is that the allegation against the applicant is that he enticed away the daughter of the first informant alongwith Rs. 50,000/- cash and 2 tola gold. Learned counsel for the applicant has submitted that the date of birth of the victim as has been recorded in her High School Examination is 01.01.2008 and on the day of incident the victim was aged about 17, 1/2 years. He further submits that the victim in her statement recorded under Section 183 of B.N.S.S., has specifically stated that her mother and father used to beat her on account of which she out of her own free will and consent had gone with the applicant at Delhi, where she entered into nuptial knot with him. It is thus contended that the applicant is innocent and has been falsely implicated in the present case and therefore, the applicant is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court

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BAIL No. 33929 of 2025

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may deem fit to impose upon him. He next submits that applicant is languishing in jail since 15.06.2025.

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Per contra, learned A.G.A. as well as Ms. Rukmani Ojha learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Faeem involved in Case Crime No. 112 of 2025 under Sections 137 (2), 87, 64 (1) B.N.S., and Section 3/4 of POCSO Act, Police Station Hayat Nagar, District Sambhal, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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October 7, 2025 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Faeem v. State of U.P. and 3 Others

Case brief

What is this about?

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Faeem v. State of U.P. and 3 Others

Case brief

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