Jai Ram vs State of U.P. Thru. Addl. Chief… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Jai Ram vs State of U.P. Thru. Addl. Chief… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Applicant Jai Ram to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not tamper with prosecution evidence; (ii) not pressurize prosecution witnesses; (iii) appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Jai Ram, arraigned in Case Crime No. 660/2022 under Sections 376DA IPC and Section 5G/6 POCSO Act, P.S. Mohammadi, District Lakhimpur Kheri, is entitled to release on bail in his third bail application, in light of the fact witnesses (other than the victim) turning hostile and the DNA examination report not supporting his involvement.

Court's answer

Having regard to the facts that all fact witnesses except the victim have turned hostile, the DNA examination report does not support the allegation of the applicant's involvement while indicating involvement of Nikhil (already granted bail), and the applicant is a young man of about 22 years with no criminal history in custody since 11.09.2022, the applicant is entitled to be enlarged on bail.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J.: Third bail application under Sections 376DA IPC and Section 5G/6 POCSO Act (Case Crime No. 660/2022, P.S. Mohammadi, District Lakhimpur Kheri) allowed. Earlier applications (No. 159/2024, rejected 20.08.2024; No. 13228/2024, rejected 05.05.2025) had been declined. All fact witnesses except the victim turned hostile; the DNA examination report filed with the State's short counter affidavit did not support the applicant's involvement and indicated involvement of Nikhil, already granted bail by a Coordinate Bench order dated 28.08.2024; co-accused Vimal was granted bail on 21.02.2025 in Bail Application No. 5494/2024. The applicant, a young man of about 22 years with no criminal history, in jail since 11.09.2022, was ordered released on a personal bond with two sureties, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every date fixed by the trial court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 12905 of 2025

Jai Ram

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Shiv Sinha
Counsel for Opposite Party(s)	: G.A.

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Shiv Sinha, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned A.G.A. for the State and perused the record.

This is third application seeking release of the applicant on bail in Case Crime No. 660/2022, under Sections 376DA (I.P.C.), 1860, Section 5G/6 Protection of Child from Sexual Offences (POCSO) Act, 2012, Police Station Mohammadi, District Lakhimpur Kheri.

The first application No. 159/2024 was rejected by means of order dated 20.08.2024 and second application No. 13228/2024 was rejected by means of an order dated 05.05.2025. This third application has been moved on the ground that all the witnesses of facts have been examined. Except the victim, all the other witnesses have turned hostile.

The state has filed a short counter affidavit which is taken on record. A copy of DNA examination report has been annexed with the short counter affidavit which does not support the allegation of involvement of the applicant in commission of the offence. The DNA examination report indicates involvement of Nikhil in the incident. Nikhil has already been granted bail by means of an order dated 28.08.2024 passed by Coordinate Bench of this Court. In bail application No. 5494/2024 yet another coaccused Vimal has already been granted bail by means of the order dated 21.02.2025 passed in Criminal Misc. Bail Application No. 5494/2024. It has been stated in the affidavit filed in support of the application that the applicant is a young man aged about 22 years having no criminal history, he

BAIL No. 12905 of 2025

2

has been falsely implicated in the present case and he is languishing in jail since 11.09.2022. Short counter affidavit is taken on record.

Keeping in view the aforesaid facts, I am of the view that the applicant is also entitled to be enlarged on bail.

Accordingly, this bail application stands allowed .

Let the applicant- Jai Ram be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

February 9, 2026 Pradeep/-

(Subhash Vidyarthi,J.)

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench