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

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

What the court decided

AI extract

Outcome

Release of applicant Mohd. Firdos on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before issuance of the release order), subject to conditions: (i) not tampering with evidence during trial; (ii) not pressurising/intimidating prosecution witnesses; (iii) appearing before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Mohd. Firdos, charged in Case Crime No. 233 of 2024 (Police Station Munderwa, District Basti) under ss. 137(1), 87, 64(2M), 65(1) B.N.S., ss. 3(2)(va), 3(2)(v) SC/ST Act and 5V/6 POCSO Act 2012, should be released on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of counsel, the evidence on record, and taking into consideration the settled law of the Supreme Court in Satender Kumar Antil (2022 INSC 690) and Manish Sisodia (2024 INSC 595), the Court held that the applicant had made out a case for bail and allowed the bail application.

Key takeaways

In granting bail the Court expressly refrained from expressing any opinion on the merits of the case; its observations shall not affect the trial Judge in forming his independent opinion based on the testimony of witnesses.obiter¶8

Detailed headnote1 paragraphs

Allahabad High Court (Justice Krishan Pahal) allows Criminal Misc. Bail Application No. 7574 of 2025 (Neutral Citation 2025:AHC:37376) of Mohd. Firdos, sought in Case Crime No. 233 of 2024, Police Station Munderwa, District Basti, under ss. 137(1), 87, 64(2M), 65(1) B.N.S., ss. 3(2)(va), 3(2)(v) SC/ST Act and 5V/6 POCSO Act 2012, during the pendency of trial. Taking into consideration the settled law of the Supreme Court in Satender Kumar Antil v. CBI, 2022 INSC 690 and Manish Sisodia v. Directorate of Enforcement, 2024 INSC 595, and without expressing any opinion on the merits, the Court found a case for bail made out: counsel urged innocence/false implication and pointed to the victim's statement recorded u/s 183 BNSS stating she is 17 years old (argued to be a consenting party appearing major by looks); the applicant has no criminal history and is in jail since 11.01.2025. Release ordered on a personal bond and two sureties each in the like amount, with surety verification, subject to conditions against tampering with evidence and pressurising witnesses and requiring appearance before the trial court; breach to be a ground for cancellation; observations in the order not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:37376

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7574 of 2025

Applicant :- Mohd. Firdos Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Mishra,Rashmi Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant and Sri Ashwani Kumar Triapthi, learned A.G.A. for the State and also perused the material placed on record.

Applicant seeks bail in Case Crime No. 233 of 2024, under Sections 137(1), 87, 64(2M), 65(1) B.N.S., 3(2)(va), 3(2)(v) SC/ST Act and 5V/6 POCSO Act 2012, Police Station Munderwa, District Basti, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR.

Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she is 17 years old. Although by her looks, she seems to be major.

Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 11.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant- Mohd. Firdos , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

i) The applicant will not tamper with the evidence during trial.

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 17.3.2025 Jitendra

(Justice Krishan Pahal)

Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad