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

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

What the court decided

AI extract

Outcome

Accused-applicant Muskuran released on bail in Case Crime No. 154 of 2025 (Sections 115(2) BNS and 5G/6 POCSO Act, P.S. Asmoli, Dist. Sambhal) on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses and cooperation in trial, regular appearance before the trial court); breach entitles the court below to cancel bail.

Issue for consideration

Whether accused-applicant Muskuran should be enlarged on bail in Case Crime No. 154 of 2025 under Sections 115(2) BNS and 5G/6 POCSO Act, Police Station Asmoli, District Sambhal, having regard to the delay in FIR, medical findings, contradiction in the victim's statement, his custody period and explained criminal antecedent.

Court's answer

Considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and the prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant Muskuran is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) he will not tamper with the evidence; (2) he will not indulge in any criminal activity; (3) he will not pressurize/intimidate prosecution witnesses and will cooperate in the trial; (4) he will appear regularly on every date fixed by the trial court unless exemption is granted through counsel. In case of breach, the court below may cancel his bail.

Detailed headnote1 paragraphs

Bail granted (S.483 BNSS 2023) in Case Crime No. 154 of 2025 under Sections 115(2) BNS and 5G/6 POCSO Act, P.S. Asmoli, Dist. Sambhal. FIR lodged 04.06.2025 with ten-day delay for incident of 25.05.2025 naming five persons, alleging unnatural sex with the informant's son and video recording; medical report disclosed no external injury and no alive or dead spermatozoa; contradiction in victim's statement pointed out; one prior criminal case explained; applicant in custody since 01.08.2025. Bail allowed without commenting on merits, on personal bond with two reliable sureties, subject to conditions of non-tampering, abstention from crime, non-intimidation of witnesses and regular trial attendance; breach empowers the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36782 of 2025

Muskuran

.....Applicant(s)

Versus

State Of U.P. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Anuj Kumar Gupta
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Anuj Kumar Gupta, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant, Muskuran, seeking enlargement on bail in Case Crime No. 154 of 2025 under Sections 115 (2), B.N.S. and 5G/6 POCSO Act, Police Station Asmoli, District-Sambhal.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 01.08.2025. First Information Report has been lodged on 04.06.2025 with a delay of ten days for an incident taken place on 25.05.2025, against five named persons, with the allegation that on the date of incident the applicant has committed unnatural sex with the son of the informant and made a video clip. In the medical report it has been opined that no injury seen external body face and no alive or dead spermatozoa seen. He further submits that there is contradiction in the statement of the victim.Criminal antecedent of one case has been properly explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

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 prima facie case, but without commenting on merit of case, a case for bail is made out.

BAIL No. 36782 of 2025

2

Accordingly, the bail application is allowed.

Let the accused-applicant, Muskuran, 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.

(Ashutosh Srivastava,J.)

November 17, 2025

Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad