Kapil vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Kapil vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: applicant to surrender before the concerned court within 20 days from receipt of a certified copy of the order; on such surrender, to be released on anticipatory bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court; conditions — cooperate in the trial and not influence witnesses; not leave India without previous permission of the Court; trial court may impose any other conditions it deems fit and proper; in case of default the trial court may proceed in accordance with law.

Issue for consideration

Whether the applicant (Kapil) should be granted anticipatory bail under Section 438 CrPC in respect of Case Crime/FIR No. 38 of 2025, taking into account the improvement in the prosecution case, the victim's statements under Sections 180 and 183 BNSS, the bail order of the co-accused, the applicant's undertaking to cooperate in the trial, the charge-sheet having been filed, absence of criminal antecedents, and the Supreme Court judgment in Musheer Alam. +1 more

Court's answer

On consideration of the improvement in the prosecution case, the victim's statements under Sections 180 and 183 BNSS, the bail order of the co-accused, the applicant's undertaking to cooperate in the trial, the filing of the charge-sheet, the applicant having no criminal antecedents, and the Supreme Court judgment in Musheer Alam v. State of U.P., and without entering into the merit of the case, the Court held it appropriate to grant protection (anticipatory bail) to the applicant.

Ratio / Principle

The applicant is to surrender before the concerned court within 20 days from the date of receipt of a certified copy of the order and, on such surrender, is to be released on anticipatory bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court, subject to the conditions that he cooperate in the trial, not influence witnesses, and not leave India without previous permission of the Court; the trial court may impose any other fit conditions, and on default may proceed in accordance with law.

Detailed headnote1 paragraphs

Allowed (Karunesh Singh Pawar, J.; High Court of Judicature at Allahabad, Lucknow Bench; January 22, 2026): anticipatory bail application U/S 438 CR.P.C. No. 46 of 2026 of Kapil concerning Case Crime/FIR No. 38 of 2025, Police Station Tikoniyan, District Lakhimpur Kheri, involving alleged offences under Sections 74, 78, 351(2) and 126(2) of the BNS, Sections 3(1)(da), 3(2)(va) and 3(1)(w)(i) of the SC/ST Act, and Sections 7/8 of the POCSO Act, arising from the alleged molesting of the informant's sister-in-law on 24.02.2025 while returning with the complainant's brother Mohit from her Intermediate examination at Maharaj Agrasen Inter College at around 5:30 p.m. Considering the improvement in the prosecution case, the victim's statements under Sections 180 and 183 BNSS, the charge-sheet having been filed, the applicant's undertaking to cooperate in the trial, his having no criminal antecedents, parity with co-accused Suhel @ Suhel Khan (enlarged on anticipatory bail vide order dated 25.11.2025 in Anticipatory Bail Application U/S 482 BNS No. 1791 of 2025) and the judgment of the Supreme Court in Musheer Alam versus The State of U.P. and another, 2025 SCC OnLine SC 116, and expressly without entering into the merit of the case, the Court granted protection: surrender within 20 days from receipt of a certified copy of the order and release on anticipatory bail on a personal bond with two sureties of the like amount, subject to cooperation in the trial, non-influencing of witnesses and no departure from India without previous permission of the Court, with liberty to the trial court to impose further conditions and to proceed in accordance with law on default.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 46 of 2026

Kapil

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Rahul Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime/FIR No. 38 of 2025, under Sections 74, 78, 351(2), and 126(2) of the BNS, Section 3(1)(da), 3(2)(va) and 3(1)(w)(i) of the SC/ST Act, and Sections 7/8 of the POCSO Act, Police Station Tikoniyan, District Lakhimpur Kheri.

Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served.

In the prosecution case, it is alleged that on 24.02.2025, the sister-in-law of the informant had gone to appear for her Intermediate examination at Maharaj Agrasen Inter College along with the complainant's brother, Mohit. While they were returning at around 5:30 p.m., it is alleged that the applicant molested the victim.

Learned counsel for the applicant submits that there is no allegation of commission of any offence under the SC/ST Act. The charge-sheet has already been filed. The statements of the victim are contradictory, and there is persistent improvement in the prosecution case at every stage. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

Learned counsel for the applicant submits that the co-accused Suhel @ Suhel Khan who was assigned the similar role has been enlarged on anticipatory bail by this Court vide order dated 25.11.2025 passed in CRIMINAL MISC

ABAIL No. 46 of 2026

2

ANTICIPATORY BAIL APPLICATION U/S 482 BNS No. 1791 of 2025. Learned counsel for the applicant seeks parity with the order of the coaccused.

Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and submitted that it is not a case of false implication.

On due consideration to the improvement in the prosecution case; statement of the victim under Section 180 and 183 BNSS; the bail order of co-accused named above; the undertaking given on behalf of the applicant that he shall cooperate in the trial; charge sheet has been filed, he has no criminal antecedents as also the judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court with the following conditions:-

The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court.

Any other condition which the trial court may deem fit and proper may also be imposed.

In case of default, it would be open for the trial court to proceed in accordance with law.

The application is allowed accordingly.

(Karunesh Singh Pawar,J.)

January 22, 2026 R.C.

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