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

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

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Vikas on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to four conduct conditions (no tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses with co-operation in trial; regular appearance before the trial court); on breach of any condition the court below may proceed to cancel his bail.

Issue for consideration

Whether the bail application of accused-applicant Vikas in Case Crime No. 778 of 2025, Police Station Firozabad South, District Firozabad (offences alleged under Sections 137(2) and 87 of BNS 2023 and Sections 11/12 of POCSO Act) should be allowed and the applicant enlarged on bail.

Court's answer

Without commenting on the merits of the case, and considering the facts and circumstances, nature of accusations, severity of punishment upon conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, the Court concluded that a case for bail is made out and allowed the bail application.

Ratio / Principle

The Court ordered release of the accused-applicant Vikas on bail on execution of a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (non-tampering with evidence; no indulgence in criminal activity; no pressurising/intimidating prosecution witnesses and co-operation in trial; regular appearance on every date fixed by the trial court unless exempted), with liberty reserved to the court below to cancel bail upon breach of any condition.

Detailed headnote1 paragraphs

Bail granted - CRIMINAL MISC. BAIL APPLICATION No. 38195 of 2025, Allahabad High Court (Court No. 68), decided November 17, 2025 by Hon'ble Ashutosh Srivastava, J. Accused-applicant Vikas, languishing in jail since 28.07.2025, sought enlargement on bail in Case Crime No. 778 of 2025, Police Station Firozabad South, District Firozabad, offences alleged under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, and Sections 11/12 of POCSO Act. Counsel (Alok Singh) argued false implication; no enticement of the informant's daughter; no outrage of modesty or misbehaviour towards the victim; no independent witness; variation between witness statements recorded under Sections 180 and 183 of BNS belying the prosecution story; doctor's failure to opine any sexual assault in the medical report; love-affair with the victim who left home on her sweet will; victim aged about 18 years and therefore major; no criminal antecedents and no likelihood of fleeing or tampering. Learned AGA (Sri Puneet Kumar Singh) opposed but could not dispute these submissions. Without commenting on the merits, considering the facts and circumstances, nature of accusations, severity of punishment upon conviction, nature of supporting evidence, apprehension of tampering and prima facie case, the Court held a case for bail was made out and ALLOWED the application: release on personal bond and two reliable sureties each in the like amount, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with trial co-operation, and regular trial attendance; breach entitles the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 38195 of 2025

Vikas		.....Applicant(s)
	Versus
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: Alok Singh
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record.

The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 778 of 2025, under Sections 137(2), 87 of the Bharatiya Nyaya Sanhita, 2023, and Section 11/12 of POCSO Act, Police Station Firozabad South, District Firozabad.

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 applicant has not enticed away the daughter of the informant. He submits that the applicant has neither outraged the modesty of the victim nor misbehaved with the victim. He submits that there is no independent witness of the alleged incident. There is variation in the statement of the witness recorded under Section 180 and 183 of BNS, which belies the prosecution story. In the medical report, the Doctor has not opined of any sexual assault. He submits that there was love-affair between the victim and the applicant and the victim had left her home on her sweet will. The applicant is languishing in jail since 28.07.2025. 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. He submits that the age of victim is about 18 years as such she is major. Hence, the bail has been prayed for.

Learned AGA has vehemently opposed the prayer of bail, but could not

BAIL No. 38195 of 2025

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dispute the above submissions raised by learned counsel for the applicant.

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, Vikas, 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.

November 17, 2025

pks

(Ashutosh Srivastava,J.)

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