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

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

What the court decided

AI extract

Outcome

Applicant Abhimanyu to be released on bail in FIR No.152 of 2024 on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) execution of a bond undertaking to attend hearings; (b) not to commit any offence similar to the offence of which he is accused or suspected; and (c) not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure to the Court or police, nor tamper with the evidence.

Issue for consideration

Whether the applicant Abhimanyu, in custody since 15.07.2024 in FIR No.152 of 2024 (Sections 323, 363, 376(3), 504, 506 IPC & Sections 3/4 POCSO Act, P.S. Motiganj, District Gonda), is entitled to be enlarged on bail.

Court's answer

As part of its bail assessment, the court took into account that the alleged physical relations were being formed around three months before the date of the incident.

Ratio / Principle

The medical examination does not corroborate the allegation, and the tentative age of the victim is around 15 years; these were weighed by the court in granting bail.

Key takeaways

The applicant, having been in custody since 15.07.2024 and having no criminal antecedents, is entitled to be enlarged on bail; accordingly the bail application is allowed.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12; Criminal Misc. Bail Application No. 34 of 2025; decided October 15, 2025 by Hon'ble Pankaj Bhatia, J. Bail allowed to applicant Abhimanyu in FIR No.152 of 2024, P.S. Motiganj, District Gonda, lodged under Sections 323, 363, 376(3), 504, 506 IPC and Sections 3/4 of POCSO Act. The FIR alleged the informant's daughter, aged about 15 years, was beaten and misbehaved with, and that the applicant wanted to marry her by force; in her statement under Section 164 Cr.P.C. she alleged non-consensual physical relations since Holi; an independent witness indicated ongoing contact between the two, a subsequent compromise, and a fight after the applicant was proposed to be married elsewhere. Grant of bail rested on: the alleged physical relations dating around three months before the incident, the medical examination not corroborating the allegation, the victim's tentative age of around 15 years, custody since 15.07.2024, and absence of criminal antecedents. Release ordered on a personal bond with two sureties of Rs.20,000/- each, with conditions to attend hearings, abstain from similar offences, and refrain from inducement, threat, promise or tampering with evidence. Learned AGA opposed the bail application; no precedents were cited in the judgment.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 34 of 2025

Abhimanyu

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Santosh Kumar Tripathi, Aman Agarwal, Ashish Raman Mishra, Pinki Devi, Shri Prakash Verma Counsel for Opposite Party(s) : G.A., Pankaj Verma

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant, learned AGA for the State; Shri Amritansh Mohan, learned counsel for the informant and perused the record.

2. The applicant seeks enlargement on bail in FIR No.152 of 2024, under Section 323, 363, 376(3), 504, 506 IPC & Section 3/4 of POCSO Act, P.S. Motiganj, District Gonda.

3. In terms of the FIR it was alleged that the daughter of the informant aged about 15 years was beaten and misbehaved. It was stated that he wants to marry the daughter by use of force. Subsequently, in the statement under Section 164 Cr.P.C., it was stated that since Holi, the applicant used to form physical relations with her against her consent, and she used to go and meet him very frequently.

4. My attention is also drawn to the statement of the independent witness wherein it was stated that the applicant and the victim used to talk to each other and subsequently, some compromise had also taken place and as the applicant was proposed to get married somewhere else, a fight ensued.

5. Learned AGA has opposed the bail application.

6. Considering the fact that the physical relations were being formed around three months ago from the date of the incident coupled with the fact that the

BAIL No. 34 of 2025

2

medical does not corroborate the allegation and tentative age of the victim is around 15 years, the applicant, who is in custody since 15.07.2024 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed .

7. Let the applicant Abhimanyu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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.)

October 15, 2025

nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench