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

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

What the court decided

AI extract

Outcome

Applicant Sonu to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on the date fixed; sureties to be verified before the release order; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Sonu, involved in Case Crime No. 86 of 2025 under Sections 137(2), 65(1) BNS and 3/4 POCSO Act, Police Station Ahmadgarh, District Bulandshahr, is entitled to bail during the pendency of trial.

Court's answer

Taking into consideration that the victim had eloped with the applicant earlier also, she seems to be a consenting party; without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The bail application is allowed.

Key takeaways

The applicant Sonu is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; before issuing the release order, the sureties are to be verified.ratio¶18
Bail condition (i): the applicant shall not tamper with evidence during trial.ratio¶19
Bail condition (ii): the applicant shall not pressurise/intimidate the prosecution witnesses.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 30307 of 2025 arising from Case Crime No. 86 of 2025 under Sections 137(2), 65(1) BNS and 3/4 POCSO Act, Police Station Ahmadgarh, District Bulandshahr. The applicant, stated to be in jail since 7.6.2025, was granted bail, the Court taking into consideration that the victim had eloped with the applicant earlier also (in which case he had been granted bail) and had again gone with him in the instant case, so that she seems to be a consenting party; the Court expressed no opinion on the merits of the case. Bail was ordered on furnishing a personal bond and two sureties each in the like amount, with the sureties to be verified before the release order, subject to conditions that the applicant shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on the date fixed; breach of any condition was made a ground for cancellation of bail. It was made clear that the observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30307 of 2025

Sonu

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Aishwarya Pratap Singh
Counsel for Opposite Party(s) :	G.A.

Court No. - 65

(Sl. No.140 out of 262)

HON'BLE KRISHAN PAHAL, J.

List has been revised. As informed by learned A.G.A., notice to the informant has been served on 26.8.2025.

Heard Sri Utkarsh, learned Advocate holding brief for Sri Aishwarya Pratap Singh, learned counsel for the applicant as well as Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 86 of 2025, under Sections 137(2), 65(1) BNS and 3/4 POCSO Act, Police Station Ahmadgarh, District Bulandshahr, 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 is evident from the fact that she had eloped with the applicant earlier on also and the applicant was granted bail in the said case. The victim had again gone with the applicant in the instant case.

Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 7.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will 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.

BAIL No. 30307 of 2025

2

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim had eloped with the applicant earlier on also as such, she seems to be consenting party and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Sonu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

(Krishan Pahal,J.)

April 2, 2026 Shalini

Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad