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

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

What the court decided

AI extract

Outcome

Applicant Arif 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; breach of any condition shall entail cancellation of bail.

Issue for consideration

Whether the applicant Arif should be released on bail in Case Crime No. 249 of 2025 under Sections 137(2), 64(1) BNS and Section 3/4(1) POCSO Act, Police Station Chhaprauli, District Baghpat, during the pendency of trial.

Court's answer

Prima facie the Court is of the view that the applicant has made out a case for bail; the bail application is allowed, without expressing any opinion on the merits of the case.

Ratio / Principle

The applicant Arif 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.

Key takeaways

Bail is subject to the conditions that the applicant shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.ratio¶18
Breach of any bail condition shall entail cancellation of bail; the observations in the order shall not affect the trial on merits.obiter¶19

Detailed headnote1 paragraphs

Bail - granted. The Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 13957 of 2026 filed by applicant Arif in Case Crime No. 249 of 2025, Police Station Chhaprauli, District Baghpat, under Sections 137(2), 64(1) BNS and Section 3/4(1) POCSO Act, during the pendency of trial. The applicant was in jail since 14.10.2025 with no criminal history; counsel argued the victim was a consenting party who appeared major but was 16-17 years old per ossification test and 17 years per high school certificate. The Court took into consideration the victim's statement recorded under Section 183 B.N.S.S., which indicates her consent; the learned A.G.A. opposed but could not dispute the applicant's submissions. Bail was allowed without expressing any opinion on the merits, on a personal bond and two sureties subject to verification, with conditions not to tamper with evidence or intimidate witnesses and to appear before the trial court; breach entails cancellation and the observations shall not affect the trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 13957 of 2026

Arif

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Ajay Kumar Srivastava
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 A.G.A. has informed that the notice to the informant has been served on 22.04.2026, but none is present on behalf of the informant.

Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.249 of 2025, under Sections 137(2), 64(1) BNS and Section 3/4(1) POCSO Act, Police Station Chhaprauli, District Baghpat, 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 gone with the applicant on his motorcycle all the way from Baghpat to Karnal and did not raise any alarm during her sojourn and stay. By her appearance, she seems to be major; however, she is 16–17 years old as per ossification test report, and as per high school certificate also, she was 17 years old. The said age has been suppressed.The applicant has no criminal history and is in jail since 14.10.2025. 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

BAIL No. 13957 of 2026

2

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 B.N.S.S., 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- Arif , 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