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

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

What the court decided

AI extract

Outcome

Bail application allowed; applicant Shivam Verma to be released on bail in Case Crime No.0322 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each date fixed by the trial court unless exempted.

Issue for consideration

Whether Shivam Verma, charged under Sections 65(1), 137(2) and 87 B.N.S. and Section 5(n)/6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.0322 of 2024 (Police Station Asandra, District Barabanki), should be released on bail.

Court's answer

In weighing the bail application, the court took into account that in her statements recorded under Sections 180 and 183 B.N.S.S. the victim had not levelled any allegation of commission of any misdeed by the applicant.

Ratio / Principle

Coupled with the absence of any allegation by the victim, the facts that the applicant is a young man having no criminal history, is languishing in jail since 25.08.2024, and that the investigation already stands concluded were considered by the court.

Key takeaways

The court held that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.ratio¶¶16
The court directed release of applicant Shivam Verma on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.ratio¶¶18
Release on bail was made subject to 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.

Detailed headnote1 paragraphs

Bail granted - High Court of Judicature at Allahabad, Lucknow Bench (Court No. 15), Hon'ble Subhash Vidyarthi, J.; Order Date 28.4.2025; Neutral Citation 2025:AHC-LKO:24042. Shivam Verma, a 22-year-old man without criminal history, detained since 25.08.2024 in Case Crime No.0322 of 2024, Police Station Asandra, District Barabanki, under Sections 65(1), 137(2) and 87 B.N.S. and Section 5(n)/6 Protection of Children from Sexual Offences Act, 2012, arising from an F.I.R. of 18.08.2024 alleging he enticed away the informant's 15-year-old daughter (a family relative) in the night of 12/13.08.2024; charge-sheet submitted 12.11.2024. In her statements under Sections 180 and 183 B.N.S.S. the victim (who stated she went with the applicant to Mumbai and had physical relations with him though unmarried) levelled no allegation of any misdeed by the applicant; medico-legal examination noted no mark of injury or sign of use of force, opined her age as about 17 years, and pathological findings did not support commission of sexual exploitation. Finding these facts sufficient, the court allowed the bail application and ordered release on a personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence, pressurizing witnesses, and requiring appearance on every trial date unless exempted.

Neutral Citation No. - 2025:AHC-LKO:24042

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3546 of 2025

Applicant :- Shivam Verma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Dinesh Kumar Sharma, 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.0322 of 2024, under Sections 65(1), 137(2) and 87 B.N.S. and Section 5(n)/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Asandra, District Barabanki.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.08.2024 stating that the applicant who is a member of the informant's family, had enticed away the informant's daughter aged 15 years in the night of 12/13.08.2024.

In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 16 years; she had gone with the applicant to Mumbai; the applicant is son of elder brother of her father; although she has not married the applicant, she made physical relations with him.

Medico-legal examination report of the victim mentions no mark of injury or sign of use of force. As per medico-legal

examination, her age has been opined to be about 17 years. The findings of the pathological examination report do not support the commission of sexual exploitation.

In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version.

In the affidavit filed in support of the bail application, it has been stated that the applicant is young man aged 22 years having no criminal history and he has been falsely implicated in the present case.

The learned Additional Government Advocate has opposed the bail application and submitted that the information of the present application has been given to the informant through the police. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 12.11.2024 against the applicant.

Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victims recorded under Sections 180 and 183 B.N.S.S. wherein she has not levelled any allegation of commission of any misdeed by the applicant coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 25.08.2024, whereas the investigation already stands concluded, 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- Shivam Verma 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 :- 28.4.2025 MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench