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

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

What the court decided

AI extract

Outcome

Enlargement on bail of applicant Arshad in FIR No. 760 of 2024 on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to the stipulated conditions.

Issue for consideration

Whether the applicant is entitled to be enlarged on bail in FIR No. 760 of 2024 (sections 65(1), 351(3), 352 BNS; Sections 4(2) POCSO Act) given that the victim's statement under Section 180 BNSS and the medical report do not corroborate the allegations, he is in jail since 5.10.2024 and has no criminal history.

Ratio / Principle

Considering that the victim's statement and the medical report do not corroborate the allegations, and without commenting upon the merits of the case, the applicant, who is in jail since 5.10.2024 and has no criminal history, is entitled to be enlarged on bail; the application is accordingly allowed.

Key takeaways

The applicant shall be released on bail in the aforesaid FIR number on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to the conditions that he attends hearings, commits no similar offence, and neither induces, threatens nor promises any person acquainted with the facts so as to dissuade disclosure nor tampers with the evidence.ratio¶14

Detailed headnote1 paragraphs

Bail granted — Criminal Misc. Bail Application No. 949 of 2025 (Allahabad HC, Lucknow Bench, Pankaj Bhatia, J., 11.11.2025): Applicant Arshad, detained since 5.10.2024 with no criminal history, sought bail in FIR No. 760 of 2024 (sections 65(1), 351(3), 352 BNS; Sections 4(2) POCSO Act), P.S. Kotwali Sadar Lakhimpur, District Kheri, alleging an offence on the informant's daughter (alleged age about 14 years; tentative age around 16 years) on 20.9.2024. The victim's Section 180 BNSS statement did not support the prosecution story (stating she loved the applicant and wished to marry him) and the medical report did not corroborate the allegations. Without commenting on the merits, the court held the applicant entitled to bail and ordered release on a personal bond with two sureties of Rs.20,000/- each, conditioned on attending hearings, committing no similar offence, and refraining from inducement, threat, promise or tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 949 of 2025

Arshad

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Lko. And 3 Others

				.....Opposite Party(s)
Counsel for Applicant(s)	:	Narendra Gupta, Sharma, Shitesh Jha	Dr.	Shailendra
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. 760 of 2024, under sections 65(1), 351(3), 352 BNS, Sections 4(2) POCSO Act, P.S. Kotwali Sadar Lakhimpur, District Kheri.

3. Learned counsel for the applicant argues that in terms of FIR it was alleged that wrong was committed on the daughter of the informant aged bout 14 years on 20.9.2024. Subsequently in her statement under Section 180 BNSS the victim did not support the prosecution story and stated that she was in love with the applicant and wanted to marry him. The tentative age of the victim is around 16 years. Medical report on record does not corroborate the allegations.

4. Learned AGA has opposed the bail application.

5. Considering the statement and the medical not corroborating the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 5.10.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Arshad 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:

BAIL No. 949 of 2025

2

(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 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.)

November 11, 2025

J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench