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

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

What the court decided

AI extract

Outcome

Applicant Nikhil to be released on bail in FIR No.136 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) execute a bond to attend hearings; (b) not commit any similar offence; (c) not make any inducement, threat or promise to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the applicant Nikhil is entitled to be enlarged on bail in FIR No.136 of 2024 (Sections 363, 366, 376 IPC and Sections 3/4 of POCSO Act, P.S. Safipur, District Unnao), given the victim's statements recorded under Sections 161 and 164 Cr.P.C.

Court's answer

Since the statements recorded under Sections 161 and 164 Cr.P.C. do not allege any act of wrong done by the applicant, and the applicant is in custody since 02.09.2024 with no criminal antecedents, he is entitled to be enlarged on bail; the bail application is accordingly allowed and the applicant is to be released on a personal bond with two sureties of Rs.20,000/- each, subject to conditions (a)-(c) (attendance at hearings, no similar offence, no inducement/tampering).

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12 — Criminal Misc. Bail Application No. 36 of 2025, decided 14-10-2025 by Pankaj Bhatia, J.: Bail ALLOWED to applicant Nikhil seeking enlargement in FIR No. 136 of 2024, P.S. Safipur, District Unnao, under Sections 363, 366, 376 IPC and Sections 3/4 of POCSO Act. Basis: the victim's statements under Sections 161 and 164 Cr.P.C. did not level any allegation of rape or wrong against the applicant (allegations instead concerned co-accused Golu, Rahul, Neeraj, Pinki and Sapna regarding enticement, alleged sale and forced marriage); the applicant was in custody since 02.09.2024 with no criminal antecedents. Release directed 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/tampering. AGA opposed the bail application; supplementary affidavit taken on record.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 36 of 2025

Nikhil

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Smriti Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Supplementary affidavit filed today in Court is taken on record.

2. Heard learned counsel for the applicant, learned AGA and perused the record.

3. The applicant seeks enlargement on bail in FIR No.136 of 2024, under Section 363, 366, 376 IPC & Section 3/4 of POCSO Act, P.S. Safipur, District Unnao.

4. In terms of the FIR it was alleged that the daughter of the informant aged about 17 years was missing and was enticed by co-accused Golu. Subsequently, in the statement under Section 161 Cr.P.C., the victim stated that she used to stay in Chandigarh and started talking with Golu. It was also stated that the victim used to talk to the applicant for the last four years. It was also stated that she went with Golu to Unnao and thereafter to Ambala and Chandigarh. It was alleged that she was sold by Rahul to one Neeraj and she was forced to marry Nikhil, the applicant herein, who is younger brother of Neeraj. In the statement under Section 164 Cr.P.C., it was stated that the applicant and one Pinki had forced the marriage of the victim to the brotherin-law of Sapna who had committed wrong on her. No allegation of rape was levelled against the applicant.

5. Learned AGA has opposed the bail application.

BAIL No. 36 of 2025

2

6. Considering the statements not alleging the act of wrong being done by the applicant, the applicant who is in custody since 02.09.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed .

7. Let the applicant Nikhiil 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 14, 2025

nishant

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