Allowed

Shivam v. State of U.P. thru Secretary Home Departmen and 3 others

Allahabad HC23 Sept 2025BAIL/9186/2025

Case brief

AI extract

What is this about?

Bail application under BNS and POCSO sections over alleged enticement of a 15-year-old girl with cash and jewellery. Court noted contradictory victim statements, medico-legal findings, applicant's lack of criminal history and time in jail, and allowed bail with conditions.

What did the court decide?

Applicant Shivam released on bail on furnishing personal bond and two sureties, subject to stated conditions.

Shivam vs State of U.P. thru Secretary Home… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 9186 of 2025

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Shivam

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.....Applicant(s)

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Versus
State Of U.P. Thru Secretary Home Departmen And 3 Others ...	..Opposite Party(s)
Counsel for Applicant(s) : Devendra Pratap, Kaushal Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A.	Kishore,

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served.

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None appears for the complainant.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0140 of 2025, under Sections 87, 137(2), 64(1), 127(2), 351(3) of BNS and Sections 3/4 of POCSO Act, P.S. Misrikh, District Sitapur.

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In the prosecution case it is alleged that on 28.05.2025 around 1:00 pm minor daughter of the informant aged about 15 years has been enticed away by applicant. While going away she has taken Rs.14,000/- cash and precious jewellery worth Rs.1,00,000/-.

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Learned counsel for the applicant submits that the victim in her under Section 180 BNSS has stated that she after being annoyed with her parents went away and came to the home of applicant. No allegation whatsoever has been levelled by the victim. While giving statement under Section 183 BNSS victim has introduced six other persons apart from the applicant and false allegation has been levelled. No abnormality has been found in the medico legal examination of the victim. As per the ossification test, victim is 18-19 years old. Applicant is the real cousin of the victim. Applicant has

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BAIL No. 9186 of 2025

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been falsely implicated. Applicant has no criminal history. He submits that the applicant is in jail since 07.06.2025.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 07.06.2025 having no criminal history, contradictory statement of the victim, medico legal examination report and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Shivam be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS).

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).

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September 23, 2025 Saurabh Yadav/-

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shivam v. State of U.P. thru Secretary Home Departmen and 3 others

Case brief

What is this about?

What did the court decide?

Shivam v. State of U.P. thru Secretary Home Departmen and 3 others

Case brief

What is this about?

What did the court decide?

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