Ashish vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Ashish vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Applicant Ashish to be released on bail on furnishing a personal bond and two sureties, subject to verification of sureties, on conditions that he shall not tamper with evidence or intimidate witnesses, shall appear before the trial court as required, and shall deposit Rs.1 lakh by way of fixed deposit in the account of the victim's daughter through her legal guardian within six months from the date of his release from jail.

Issue for consideration

Whether the applicant Ashish is entitled to be released on bail in Case Crime No.0105 of 2025, under Sections 137(2), 64(2)h, 87 B.N.S., 2023 and 5q/6 POCSO Act, 2012, Police Station Haliya, District Mirzapur, during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of counsel, the evidence on record, and that the applicant is ready to take care of the mother-daughter duo, and without expressing any opinion on the merits of the case, the Court held primafacie that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Ashish is to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

Key takeaways

As a condition of bail, the applicant shall deposit Rs.1 lakh by way of fixed deposit in the account of the victim's daughter, through her legal guardian (mother/victim), within six months from the date of his release from jail.ratio¶¶17
Breach of any bail condition shall entail cancellation of bail, and the observations made herein shall not affect the trial on merits.ratio¶¶18

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed the bail application of applicant Ashish in Case Crime No.0105 of 2025, Police Station Haliya, District Mirzapur, under Sections 137(2), 64(2)h, 87 B.N.S., 2023 and 5q/6 POCSO Act, 2012, during the pendency of trial. Applicant in jail since 31.07.2025; counsel argued false implication, delay of about ten days in the FIR without explanation, and that the victim was a consenting party who, after a corporeal relationship with the applicant, has given birth to a baby girl and lives with the child at her maternal home; applicant undertook to take care of the mother-daughter duo and had no criminal history; learned A.G.A. opposed but could not dispute the submissions. Without expressing any opinion on the merits, the Court held primafacie that a case for bail was made out: release on a personal bond and two sureties (subject to verification), with conditions against tampering with evidence or intimidating witnesses and appearance before the trial court; further conditioned on the applicant depositing Rs.1 lakh as a fixed deposit in the account of the victim's daughter through her legal guardian within six months of release. Breach of any condition entails cancellation of bail; observations not to affect the trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 12290 of 2026

Ashish

.....Applicant(s)

	Versus
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)	: Jagadeesh Prasad Chandra Srivastava	Chaurasiya, Neeraj
Counsel for Opposite Party(s)	: G.A.

Court No. - 65

(Sr. No.73 out of 277)

HON'BLE KRISHAN PAHAL, J.

List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 02.04.2026.

Heard Sri Jagadeesh Prasad Chaurasia, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.0105 of 2025, under Sections 137(2), 64(2)h, 87 B.N.S., 2023 and 5q/6 POCSO Act, 2012, Police Station Haliya, District Mirzapur, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about ten days, and there is no explanation for the said delay. The victim is a consenting party and was impregnated after a corporeal relationship with the applicant, and has given birth to a baby girl. At this stage, the victim, along with her daughter, is living in her maternal home. The applicant is ready to take care of the mother-daughter duo. The applicant has no criminal history and is in jail since 31.07.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

BAIL No. 12290 of 2026

2

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the applicant is ready to take care of the mother-daughter duo, and without expressing any opinion on the merits of the case, primafacie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Ashish , be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. The applicant shall deposit (fixed deposit) Rs.1 lakh in the account of the victim’s daughter, through her legal guardian (mother/victim), within six months from the date of his release from jail.

Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

April 20, 2026

(Ravi Kant)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad