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

Tauheed Abbasi 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 applicant Tauheed Abbasi: release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before the release order, subject to conditions — (i) no tampering with evidence during trial, (ii) no pressurising/intimidation of prosecution witnesses, (iii) appearance 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 Tauheed Abbasi, involved in Case Crime No. 162 of 2024 under Sections 363, 376 IPC and Section 3/4 POCSO Act (Police Station Mawana, District Meerut), should be enlarged on bail — this being his second bail application, the first having been rejected on 2.7.2024. +1 more

Court's answer

Considering the facts and circumstances, submissions of counsel, and the evidence on record, and taking into consideration that the victim has turned hostile during trial, and without expressing any opinion on the merits of the case, the Court concluded that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Tauheed Abbasi is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions, and the sureties are to be verified before issuance of the release order.

Key takeaways

Conditions of bail imposed: (i) the applicant shall not tamper with evidence during trial; (ii) he shall not pressurise/intimidate the prosecution witnesses; (iii) he shall appear before the trial court on the date fixed; and breach of any of these conditions shall be a ground for cancellation of bail.ratio¶¶21
Caution recorded while granting bail: 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.obiter¶¶22

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 65 (Hon'ble Krishan Pahal, J.), order dated 10.7.2025 (Neutral Citation 2025:AHC:109732): second bail application (Criminal Misc. Bail Application No. 8059 of 2025) of Tauheed Abbasi, involved in Case Crime No. 162 of 2024, Sections 363, 376 IPC and Section 3/4 POCSO Act, Police Station Mawana, District Meerut, ALLOWED. The first bail application had been rejected by the same Court on 2.7.2024 (Criminal Misc. Bail Application No. 19472 of 2024). Basis relied upon: PW-1/victim examined during trial completely resiled from her earlier statement and, having been declared hostile, was cross-examined by the public prosecutor, so that no likelihood of conviction was argued; no criminal history; in jail since 09.04.2024. The A.G.A. opposed bail on the ground that the victim was 14 years old at the time of the offence; counsel cited the ossification test (age 14) and sought a two-year upper-side leverage. Bail granted without expressing any opinion on the merits: personal bond and two sureties each in the like amount, sureties to be verified before the release order, with conditions that the applicant shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail. It was made clear that observations made in granting bail shall not affect the trial Judge's independent opinion formed on the testimony of witnesses.