High Court granted bail to Sanju in a POCSO case. The court found the victim likely under 18 based on forensic errors and voluntary interaction claims. No risk of tampering was shown.
Released on bail furnishing personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43263 of 2025
Sanju
| .....Applicant(s) |
|---|
| Versus |
| State Of U.P. And 3 Others .....Opposite Party(s) |
| Counsel for Applicant(s) : Brajesh Kumar Singh, Rajendra Singh Yadav |
| Counsel for Opposite Party(s) : G.A. |
| Court No.- 64 |
HON'BLE VIVEK VARMA, J.
BAIL No. 43263 of 2025
2
B.N.S. The delay is fatal to the prosecution case. During the course of investigation Sections 64 B.N.S. and 3/4 POCSO Act have been added. As per the ossification test report, the victim is found aged 16 years. The range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. It is next contended that the victim in her statements under Sections 180 and 183 B.N.S.S. stated that she is aged 19 years and she had gone voluntarily with the applicant and had married him. The applicant is in jail since 10.09.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty.
(i) shall appear on the date fixed by the trial court;
BAIL No. 43263 of 2025
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December 16, 2025 SKT/-
(Vivek Varma,J.)
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a POCSO case where the victim's age is borderline below 18 and there is no material to show risk of tampering or intimidation.
2 provisions across 2 enactments
Sanju
State Of U.P.
Informant-opposite party no. 2
Child Welfare Committee, Firozabad-opposite party no. 3
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
