Jabir Ali Vs State of U.P. and 4 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Jabir Ali Vs State of U.P. and 4 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Release of the applicant Jabir Ali 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; breach of any condition shall entail cancellation of bail.

Issue for consideration

Whether the applicant Jabir Ali, in custody in Case Crime No.0036 of 2026 under Sections 137(2), 87, 65(1) BNS, 5L/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act, is entitled to bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of counsel, the evidence on record and the victim's statement under Section 183 BNSS indicating her consent, and without expressing any opinion on the merits, the Court held prima facie that the applicant has made out a case for bail.

Ratio / Principle

The applicant Jabir Ali 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

Breach of any bail condition shall entail cancellation of bail, and the observations in the order shall not affect the trial on merits.ratio¶18

Detailed headnote1 paragraphs

Bail allowed by the High Court of Judicature at Allahabad (Krishan Pahal, J.) in Case Crime No.0036 of 2026, Police Station Nichlaul, District Maharajganj, under Sections 137(2), 87, 65(1) BNS, 5L/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act. The applicant (aged about 21 years, no criminal history, in jail since 15.02.2026) contended that a consensual relationship between two adolescents had been converted into a criminal case by the informant; the victim (stated to be 14 years 8 months old) had travelled with him and taken Rs.50,000/- from her house, and no valid document proved her minority. The State Law Officer opposed the application but could not dispute the submissions. Taking into consideration the victim's statement recorded under Section 183 BNSS, which indicates her consent, and without expressing any opinion on the merits, the Court held prima facie that the applicant had made out a case for bail and released him on a personal bond with two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses and appearing before the trial court; breach of any condition entails cancellation of bail and the observations shall not affect the trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 13952 of 2026

Jabir Ali

.....Applicant(s)

Versus
State Of U.P. And 4 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Dinesh Kumar Pandey
Counsel for Opposite Party(s) :	G.A.

Court No. - 65

(Sr. No.79 out of 259)

HON'BLE KRISHAN PAHAL, J.

List has been revised. Learned State Law Officer has informed that the notice to the informant has been served on 23.04.2026, but none is present on behalf of the informant.

Heard Sri Dinesh Kumar Pandey, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.0036 of 2026, under Sections 137(2), 87, 65(1) BNS, 5L/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station- Nichlaul, District- Maharajganj, 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 victim is a consenting party, as she had travelled with the applicant to several places and had taken Rs.50,000/- from her house. By her physical appearance, she seems to be major, although she is 14 years and 8 months old, but there is no valid document to suggest that she was minor. The applicant himself is a youth aged about 21 years. A matter of a consensual relationship between two adolescents has been converted into a criminal case by the informant. The applicant has no criminal history and is in jail since 15.02.2026 and he undertakes to cooperate with the trial and not misuse the liberty of bail.

BAIL No. 13952 of 2026

2

Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 BNSS, which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Jabir Ali , 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.

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

(Krishan Pahal,J.)

May 6, 2026

(Ravi Kant)

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