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

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

What the court decided

AI extract

Outcome

Applicant Gaurav 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 Gaurav is entitled to bail in Case Crime No.561 of 2025 under Sections 137(2), 127(2), 352, 351(2), 65(1), 75, 64(2)M BNS and Sections 3/4(2), 5-L/6 POCSO Act, Police Station Garhmukteshwar, District Hapur, during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of counsel, the evidence on record, the delay in institution of the FIR, the absence of any medical corroboration of the incident and the non-recovery of any photographs, and without expressing any opinion on the merits, the Court prima facie held that the applicant had made out a case for bail.

Ratio / Principle

The applicant Gaurav was directed 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.

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed the bail application of Gaurav in Case Crime No.561 of 2025, Police Station Garhmukteshwar, District Hapur, instituted under Sections 137(2), 127(2), 352, 351(2), 65(1), 75, 64(2)M BNS and Sections 3/4(2), 5-L/6 POCSO Act. Taking into account the delay of about 19 days in lodging the FIR from the last incident (about 2 months from the incident mentioned therein), the absence of medical corroboration of the incident, the non-recovery of any photographs, and the applicant's custody since 04.10.2025 with no criminal history, and without expressing any opinion on the merits, the Court prima facie found that a case for bail was made out. The applicant was ordered released on a personal bond with two sureties, subject to conditions against tampering with evidence or intimidating witnesses and requiring appearance before the trial court; breach entails cancellation, and the observations were made expressly without affecting the trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15384 of 2026

Gaurav

	Versus .....Applicant(s)
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Ajay Tripathi, Surya Prakash Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 65

(Sr. No.60 out of 269)

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 01.05.2026, but none is present on behalf of the informant.

Heard Sri Ajay Tripathi, 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.561 of 2025, under Sections 137(2), 127(2), 352, 351(2), 65(1), 75, 64(2)M BNS and 3/4(2), 5-L/6 POCSO Act, Police Station Garhmukteshwar, District Hapur, 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 F.I.R. is delayed by about 19 days from the last incident and by about 2 months from the incident as mentioned in the F.I.R. A matter of discord between two families has been converted into a criminal case by the informant, as the applicant was earlier also prosecuted for breach of peace by the police concerned on 28.08.2025.

Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is nothing on record to suggest that the victim was minor. There is no recovery of any photographs

BAIL No. 15384 of 2026

2

whatsoever. The applicant has no criminal history and is in jail since 04.10.2025. 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 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 delay in the institution of the FIR, the absence of any medical corroboration of the incident and that there is no recovery of any photographs, 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- Gaurav , 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 14, 2026

(Ravi Kant)

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