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

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

What the court decided

AI extract

Outcome

Bail granted: applicant Neeraj to be released in FIR No.548 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)-(c) regarding attendance, non-commission of similar offences, and no inducement/threat/promise or tampering with evidence.

Issue for consideration

Whether the applicant, accused in FIR No.548 of 2024 (P.S. Maholi, District Sitapur) under Section 69, 351(2) BNS and Section 3/4 of the POCSO Act, is entitled to be enlarged on bail.

Court's answer

Taking into account that the victim's statement did not support the prosecution and her tentative age is 19 years, the applicant, who has been in custody since 29.10.2024, is entitled to be enlarged on bail.

Ratio / Principle

The applicant is to be released on bail in the aforesaid FIR on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions of attending hearings, committing no similar offence, and making no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. (single judge) - Criminal Misc. Bail Application No. 51 of 2025, decided October 16, 2025 - ALLOWED. Applicant sought bail in FIR No.548 of 2024, P.S. Maholi, District Sitapur, under Section 69, 351(2) BNS and Section 3/4 of the POCSO Act, wherein the FIR alleged that the informant's daughter was enticed by the applicant, but in her statement the victim did not support the prosecution and her tentative age was noted as 19 years. The applicant, in custody since 29.10.2024, was held entitled to be enlarged on bail and directed to be released on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions: attendance at hearings; commission of no similar offence; and no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tampering with evidence. Learned AGA had opposed the bail application. No precedent was cited in the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 51 of 2025

Neeraj

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)

Counsel for Applicant(s) : Lalji Prasad Shukla Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

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

2. The applicant seeks enlargement on bail in FIR No.548 of 2024, under Section 69, 351(2) BNS & Section 3/4 of POCSO Act, P.S. Maholi, District Sitapur.

3. FIR in question was lodged alleging that daughter of the informant was enticed by the applicant. Subsequently, in the statement, the victim did not support the prosecution.

4. Learned AGA has opposed the bail application.

5. Considering the statement not supporting the prosecution and the tentative age of the victim to be 19 years, the applicant who is in custody since 29.10.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed .

6. Let the applicant Neeraj 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

BAIL No. 51 of 2025

2

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 16, 2025

nishant

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