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

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

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Triveni in Case Crime No. 230 of 2025 on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to four conditions: (1) not tamper with evidence; (2) not indulge in criminal activity; (3) not pressurize/intimidate prosecution witnesses and co-operate in trial; (4) appear regularly on each date fixed by the trial court unless personal appearance is exempted through counsel; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Triveni, in custody since 27.08.2025 in Case Crime No. 230 of 2025 (Sections 137(2), 87, 61(2)(a), 352 BNS, 3(2)(v) SC/ST Act and Sections 16/17 POCSO Act, P.S. Shahbad, District Rampur), should be enlarged on bail.

Court's answer

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

Ratio / Principle

The bail application is allowed; the accused-applicant Triveni is to be released on bail on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-pressure/intimidation of prosecution witnesses with co-operation in trial, and regular appearance on every date fixed by the trial court.

Key takeaways

In the event of breach of any of the bail conditions, the court below will be at liberty to proceed to cancel the applicant's bail.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.) allowed a bail application under Section 483 B.N.S.S. filed by Triveni, accused in Case Crime No. 230 of 2025, Police Station Shahbad, District Rampur, under Sections 137(2), 87, 61(2)(a), 352 BNS, 3(2)(v) SC/ST Act and Sections 16/17 POCSO Act. The FIR was lodged on 07.08.2025 with an alleged unexplained delay of five days; only a general allegation was levelled against the applicant among five named accused; the applicant had no criminal antecedents, a fact the learned A.G.A. could not dispute; and he had been in jail since 27.08.2025. Without commenting on the merits, the Court held a case for bail was made out and directed release on a personal bond with two reliable sureties, imposing conditions against tampering with evidence, criminal activity and witness intimidation, and requiring regular trial attendance, with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40699 of 2025

Triveni

	Versus	.....Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: V.S. Rajpoot
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri V.S. Rajpoot, learned counsel for the applicant and Shri Shri Rajesh Kumar Singh, learned A.G.A. representing the State respondents.

This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Triveni, seeking enlargement on bail in Case Crime No. 230 of 2025, under Sections 137 (2), 87, 61(2(a), 352 BNS, 3(2)(v) SC/ST Act and Section 16/17 of POCSO Act, Police Station-Shahbad, District-Rampur.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.08.2025. First Information Report has been lodged on 07.08.2025, with a delay of five days without any plausible explanation, for an incident occurred on 02.08.2024, against five named persons, including the applicant, with the allegation that on the date of incident the minor daughter of the first informant has been enticed away by one Ramveer @ Chatua with the help of the named accused persons. He further submits that only general allegation has been levelled against the applicant. The applicant has no criminal antecedents 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 learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents.

BAIL No. 40699 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 prima facie 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, Triveni , 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.)

December 10, 2025

Deepak/

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