Ajay Tiwari Alias Ajay Kumar Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Ajay Tiwari Alias Ajay Kumar Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

The applicant Ajay Tiwari alias Ajay Kumar 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; breach of any condition shall entail cancellation of bail, and the observations shall not affect the trial on merits.

Issue for consideration

Whether the applicant Ajay Tiwari alias Ajay Kumar is entitled to bail in Sessions Trial No.358 of 2025 (arising out of Case Crime No.23 of 2025) under Sections 137(2), 87, 65(1) BNS and Sections 3/4(2) of the POCSO Act, during the pendency of trial.

Court's answer

The statement of the victim recorded u/s 183 BNSS prima facie indicates her consent, as she had married the applicant in a temple and stayed with him.

Ratio / Principle

As per the ossification test report the victim is 16 years old, and in view of the Supreme Court judgments in Jaya Mala and Mohd. Imran Khan, the opinion of a radiologist regarding age is not exact and carries a margin of error of 1-2 years on either side.

Key takeaways

Without expressing any opinion on the merits of the case, prima facie the applicant has made out a case for bail.ratio¶13

Detailed headnote1 paragraphs

Bail allowed — offence under Sections 137(2), 87, 65(1) BNS and Sections 3/4(2) POCSO Act (Case Crime No.23 of 2025, P.S. Naubasta, District Kanpur Nagar; S.T. No.358 of 2025) — victim's statement u/s 183 BNSS prima facie indicates consent, she having married the applicant in a temple and stayed with him — ossification test report places victim's age at 16 years — relying on Jaya Mala v. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan v. State (Govt. of NCT of Delhi), (2011) 10 SCC 192, radiologist's opinion on age is not exact and carries a margin of error of 1-2 years on either side — without expressing any opinion on merits, applicant held to have made out a prima facie case for bail — release ordered on personal bond and two sureties with conditions against tampering with evidence or intimidating witnesses and to appear before the trial court; breach entails cancellation; observations not to affect trial on merits. (Krishan Pahal, J.; decided April 23, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30246 of 2025

Ajay Tiwari Alias Ajay Kumar

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Virendra Kumar Tiwari
Counsel for Opposite Party(s) :	G.A.

Court No. - 65

(Sr. No.146 out of 259)

HON'BLE KRISHAN PAHAL, J.

List has been revised. As informed by learned A.G.A., notice to the informant has been served on 04.04.2026, but none is present on behalf of the informant.

Heard Sri Brahma Kumar Tiwari, Advocate holding brief of Sri Virendra Kumar Tiwari, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Sessions Trial No.358 of 2025 arising out of Case Crime No.23 of 2025, under Sections 137(2), 87, 65(1) BNS and Sections 3/4(2) of POCSO Act, Police Station- Naubasta, District- Kanpur Nagar, during the pendency of trial.

Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS prima facie indicates her consent, as she had married the applicant in a temple and stayed with him. As per ossification test report, the victim is 16 years old. In view of the judgments of the Supreme Court in Jaya Mala Vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 ,, it has been held that the opinion of a radiologist regarding age is not exact and carries a margin of error of 1–2 years on either side.

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.

BAIL No. 30246 of 2025

2

Accordingly, the bail application is allowed .

Let the applicant- Ajay Tiwari Alias Ajay Kumar , 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.)

April 23, 2026

(Ravi Kant)

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