Mahipal Alias Chauhanni vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mahipal Alias Chauhanni vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement of accused-applicant Mahipal Alias Chauhanni on bail in Case Crime No. 163 of 2024 on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in trial; regular appearance on dates fixed by the trial court), with liberty to the court below to cancel bail on breach.

Issue for consideration

Whether the accused-applicant Mahipal Alias Chauhanni, arraigned in Case Crime No. 163 of 2024 under Sections 377, 506 of IPC and Section 5(M), (L)/6 of the POCSO Act at Police Station Baradari, District Bareilly, should be enlarged on bail.

Court's answer

Weighing the facts and circumstances, the nature of accusations, severity of punishment on conviction, nature of supporting evidence, apprehension of tampering with witnesses and the primafacie case, and without commenting on the merits of the case, the court found that a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the conditions imposed.ratio¶16
On breach of any of the bail conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.) allowed Criminal Misc. Bail Application No. 9245 of 2025 filed by Mahipal alias Chauhanni, accused in Case Crime No. 163 of 2024 under Sections 377, 506 of IPC and Section 5(M), (L)/6 of the POCSO Act, P.S. Baradari, District Bareilly. Counsel for the applicant urged innocence and false implication, absence of any independent witness, variation between the Section 161 Cr.P.C. and Section 164 Cr.P.C. statements, a charge-sheet already filed (so no custodial interrogation needed), a medical report showing no fresh visible marks of external injury on the victim, incarceration since 26.02.2024 and no criminal antecedents. The learned AGA vehemently opposed but could not dispute these submissions. Considering the nature of accusations, severity of punishment on conviction, supporting evidence and apprehension of tampering, without commenting on merits, the court held a case for bail was made out and directed release on a personal bond with two reliable sureties each, subject to conditions against tampering with evidence, criminal activity and intimidation of witnesses, and requiring regular trial attendance, with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 9245 of 2025

Mahipal Alias Chauhanni

	Versus	.....Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: Rajesh Kumar
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record.

The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 163 of 2024, under Sections 377, 506 of IPC and Section 5(M), (L)/6 of the POCSO Act, Police Station Baradari, District Bareilly.

Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant has neither enticed away the son of the informant nor he has committed unnatural sex with him. He submits that there is no independent witness of the alleged incident. There is variation in the statement of the witness recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. In the medical report, no fresh visible marks of external injury was seen on the body of the victim. The applicant is languishing in jail since 26.02.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. He submits that the age of victim is about 18 years as such she is major. Hence, the bail has been prayed for.

Learned AGA has vehemently opposed the prayer of bail, but could not

BAIL No. 9245 of 2025

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dispute the above submissions raised by learned counsel for the applicant.

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and primafacie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Mahipal Alias Chauhanni, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

November 26, 2025

pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad