Mukhtar Ahmad and Another vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mukhtar Ahmad and Another vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection from arrest for the applicant-sureties until disposal of their reply under Section 446 Cr.P.C., conditional on their appearance before the trial court within thirty days; the trial court directed to dispose of the reply at an early date; no notice to opposite party no. 4.

Issue for consideration

Whether the applicants, sureties of accused Shakil Babu who has since been produced and enlarged on bail on different sureties, should be discharged as sureties and protected from the process/arrest issued against them. +1 more

Court's answer

The applicants shall appear before the trial court and submit their reply under Section 446 Cr.P.C., which the trial court shall dispose of at an early date, considering that the accused has already appeared to face the trial.

Ratio / Principle

There is no point in issuing notice to opposite party no. 4, as the applicants are only sureties to the accused.

Key takeaways

Till the disposal of the reply filed by the applicants, the applicants shall not be arrested, subject to the condition that they appear before the trial court within thirty days.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 81), Avnish Saxena, J. — Application U/S 528 BNSS No. 16087 of 2025 (decided November 13, 2025). Mukhtar Ahmad and another, sureties of accused Shakil Babu in SC No. 481 of 2021 (Case Crime No. 19 of 2021, Sections 363, 366A and 376 IPC and Sections 3/4 POCSO Act, P.S. Dharamsinghva, District Sant Kabir Nagar), challenged the order dated 16.10.2024 of the Additional Sessions Judge/Special Judge, POCSO Act, Sant Kabir Nagar in Crl. Misc. Case No. 3123 of 2024, whereby they were noticed to produce the absconding accused, with NBW and Sections 82 and 83 Cr.P.C. process simultaneously issued against the accused. Since the accused had already been produced, enlarged on bail and released on different sureties, the Court held there was no point issuing notice to opposite party no. 4, directed the applicants to appear before the trial court and submit their reply under Section 446 Cr.P.C. for disposal at an early date, and directed that till disposal of that reply the applicants shall not be arrested, subject to their appearance before the trial court within thirty days. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16087 of 2025

Mukhtar Ahmad And Another

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

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri Chandra Kant Tripathi, learned counsel for the applicants appears and submits that the applicants are the sureties of Shakil Babu, who was absconding. The applicants are aggrieved by order dated 16.10.2024 passed by the Additional Sessions Judge/ Special Judge, POCSO Act, Sant Kabir Nagar in Crl. Misc. Case No. 3123 of 2024 (State Vs. Mukhtar Ahmad and others) arising out of SC No. 481 of 2021 arising out of Case Crime No. 19 of 2021, under Section 363, 366A and 376 IPC and Section 3/4 POCSO Act, P.S. Dharamsinghva, District Sant Kabir Nagar, whereby applicants were noticed to produced the accused before the court. Simultaneously, the process of NBW and Section 82 and 83 Cr.P.C. have been issued against the accused. It is submitted by learned counsel that the accused has already been produced before the court and is enlarged on bail and subsequently, release on different sureties. Hence, the applicants be discharged as sureties. Further submits that the process have been issued against the applicants. The applicants are apprehending their arrest. Seeks intervention of this Court.

Learned AGA is present for the State.

There is no point in issuing notice to opposite party no.4 as the applicants are only sureties to the accused.

The applicant shall appear before the trial court to submit their reply under the provision of Section 446 Cr.P.C., which shall be disposed of by the trial court at an early date considering that the accused has already appeared to face the trial before trial court.

NA528 No. 16087 of 2025

2

Till the disposal of reply filed by the applicants, the applicants shall not be arrested subject to condition that they shall appear before the trial court within thirty days from today.

With the aforesaid observation, the application is disposed of.

(Avnish Saxena,J.)

November 13, 2025

Abhishek Sri.

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad