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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Indrawati on bail in Case Crime No. 0062 of 2025 (Sections 137(2) B.N.S.; Section 5/6 POCSO Act) upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the four conditions set out in paras 17-20 (no tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses and co-operation in trial; regular appearance before the trial court), breach permitting the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Indrawati should be enlarged on bail in Case Crime No. 0062 of 2025, registered under Sections 137(2) of the B.N.S. and Section 5/6 of POCSO Act, Police Station Mehdawal, District Sant Kabir Nagar.

Court's answer

Considering the facts and circumstances, the nature of accusations, severity of punishment upon conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the primafacie case, but expressly without commenting on the merits of the case, the Court found that a case for bail is made out.

Ratio / Principle

The bail application was allowed and the accused-applicant Indrawati was directed to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, subject to the following conditions: he shall not tamper with the evidence; shall not indulge in any criminal activity; shall not pressurize/intimidate the prosecution witnesses and shall co-operate in the trial; and shall appear regularly on every date fixed by the trial court unless personally exempted through counsel; in the event of breach of any such condition, the court below may proceed to cancel the bail.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Court No. 68) — single-judge bench of Hon'ble Ashutosh Srivastava, J. — Criminal Misc. Bail Application No. 34674 of 2025, decided October 29, 2025 — ALLOWED. Regular bail granted to accused-applicant Indrawati in Case Crime No. 0062 of 2025, alleged under Sections 137(2) of the B.N.S. and Section 5/6 of POCSO Act, Police Station Mehdawal, District Sant Kabir Nagar. Counsel for the applicant submitted that the applicant was innocent and falsely implicated; the FIR was registered with a delay of about one month without satisfactory explanation; nothing incriminating was recovered from him; there was no independent witness; the victim's age was about 18 years as per certificate with variations in witness statements beliying the prosecution story; and the applicant and the victim went to Mumbai of her own will (victim a consenting party); the applicant was in jail since 13.04.2025 with no criminal antecedents and no likelihood of fleeing justice or tampering with evidence. Learned AGA (Yagvalkya Pandey) opposed the application but could not dispute the facts raised. Without commenting on the merits, and weighing the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and the primafacie case, the Court held a case for bail was made out and released the applicant on a personal bond and two reliable sureties each, in the like amount, imposing conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with co-operation in trial, and regular appearance on trial dates; breach of any condition entitles the court below to cancel the bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34674 of 2025

Indrawati

.....Applicant(s)

Versus

State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Ravindra Prakash Srivastava
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri R. P. Srivastava, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record.

This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 0062 of 2025, under Sections 137(2) of the B.N.S. and Section 5/6 of POCSO Act, Police Station Mehdawal, District Sant Kabir Nagar.

Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with the delay of one month of which no satisfactory explanation has been submitted. He further submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. He submits that the age of victim is about 18 years as per certificate. There is variation in the statement of the witness, which belies the prosecution story. He submits that the applicant and the victim also went to Mumbai with her own will as such the victim is the consenting party. The applicant is languishing in jail since 13.04.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant.

BAIL No. 34674 of 2025

2

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and primafacie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Indrawati, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

October 29, 2025 pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad