Allowed¶40

Ankit v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC26 Feb 2026BAIL/550/2026

Case brief

AI extract

What is this about?

Ankit bail; Criminal Misc. Bail Application No. 550 of 2026; Allahabad High Court Lucknow Bench; Saurabh Lavania J.; FIR/Case Crime No.0429/2025; Sections 137(2), 70(2) BNS; Section 5G/6 POCSO Act; P.S. Colonelganj, District Gonda; co-accused Danish bail order dated 09.02.2026 (Bail No.12811 of 2025); co-accused Ram Mohan Maurya bail order dated 18.12.2025 (Bail No.12913/2025); statements under Sections 180/183 BNSS; no criminal history; custody since 19.10.2025; personal bond Rs. 25,000/- with two sureties; bail allowed 26.02.2026.

What did the court decide?

Bail granted to applicant Ankit in FIR/Case Crime No.0429/2025 on personal bond of Rs. 25,000/- with two reliable sureties (one a family member/close relative), to the satisfaction of the court concerned, subject to the stated conditions. ¶40

Ankit vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Ankit, arraigned in FIR/Case Crime No.0429/2025 under Sections 137(2), 70(2) of BNS and Section 5G/6 of the POCSO Act (P.S. Colonelganj, District Gonda), is entitled to be enlarged on bail.

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Court's answer

The applicant, who has no criminal history and is languishing in jail since 19.10.2025, is entitled to be released on bail.

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Ratio / Principle

Without going into the merits of the case, the Court found the bail application to have substance and allowed it.

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Key takeaways

Applicant Ankit to be released on bail on furnishing a personal bond of Rs. 25,000/- and two reliable sureties (one a family member/close relative) to the satisfaction of the court concerned, subject to conditions including cooperation with the prosecution, no tampering with evidence, no pressurising/intimidating witnesses, no offence, no inducement or dissuasion of witnesses, presence before the trial court on each date (in person for Section 313 Cr.P.C. recording) and no adjournment when witnesses are present; on default the trial court may treat it as abuse of bail liberty.ratio¶43
Observations in the order shall have no bearing on the merits of the case and the trial court shall not be influenced by them (merits expressly left open).obiter¶53

Detailed headnote1 paragraphs

Bail — applicant Ankit sought enlargement in FIR/Case Crime No.0429/2025, P.S. Colonelganj, District Gonda, under Sections 137(2), 70(2) of BNS and Section 5G/6 of the POCSO Act. Counsel relied on the bail order dated 09.02.2026 granting bail to co-accused Danish (Criminal Misc. Bail Application No.12811 of 2025), which was extracted; that order in turn recorded the earlier bail granted to co-accused Ram Mohan Maurya (order dated 18.12.2025 in Bail Application No.12913/2025) and the victim's statements under Sections 180/183 BNSS. The State filed a counter affidavit; the learned A.G.A. opposed but could not dispute the applicant's contentions. Holding that the applicant, who has no criminal history and is in jail since 19.10.2025, is entitled to bail, and without going into the merits, the Court (Saurabh Lavania, J.) allowed the application on 26.02.2026, directing release on a personal bond of Rs. 25,000/- with two reliable sureties (one a family member/close relative), subject to trial-conduct conditions, and clarified that its observations shall have no bearing on the merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 550 of 2026

Ankit

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Upendra Kumar Singh
Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Counter affidavit filed today on behalf of the State is taken on record.

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As per letter of the Chief Judicial Magistrate, Gonda, dated 20.02.2026, the basis of the office report dated 25.02.2026, the service of notice upon the opposite party No.2 and 5 is sufficient. However, when the case is taken up, none appeared to oppose the present bail application.In these circumstances, the Court proceeded to decide the case finally.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0429/2025, under Sections 137(2), 70(2) of BNS and Section 5G/6 of the POCSO Act, Police Station - Colonelganj, District - Gonda.

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While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

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Learned counsel for the applicant has further submitted that the case of the prosecution as indicated in the F.I.R. is completely false, concocted and bogus.

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BAIL No. 550 of 2026

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It is next submitted that co-accused Danish has already been enlarged on bail by this Court vide order dated 09.02.2026, passed in Criminal Misc. Bail Application No.12811 of 2025. The order, referred, is extracted herein under :-

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"1.As per office report dated 07.02.2026, the service of notice upon the opposite party No.2 and 5 is sufficient. However, when the case is taken up, none appeared to oppose the present bail application.

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2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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3. The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0429/2025, under Sections 137(2), 70(2) BNS and Section 5G/6 of POCSO Act, Police Station - Colonelganj, District - Gonda.

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4. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

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5. Learned counsel for the applicant has further submitted that the victim before the Magistrate concerned has not taken the name of the present applicant.

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6. Further submission of learned counsel for the applicant is that medical opinion on record also does not support the case of the prosecution as upon due medical examination, the doctor concerned could not opine that it is a case of sexual violence as no injury (external or internal) was found on the body of the victim.

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7. He further stated that co-accused namely Ram Mohan Maurya has already been enlarged on bail by this Court vide order dated 18.12.2025, passed in Criminal Misc. Bail Application No.12913/2025. Copy of bail order of co-accused has been placed before this Court. The relevant portion of the order referred, i.e. order dated 18.12.2025, passed in Crl. Misc. Bail Application No.12913 of 2025 is extracted herein under :-

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"1. Heard learned counsel for the applicant, learned AGA for the State; Shri Pankaj Kumar Shukla, learned counsel for the informant and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.429 of 2025, under Section 137(2), 70(2) of BNS & Section 5g/6 of POCSO Act, P.S. Colonelganj, District Gonda.

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3. In terms of the FIR allegations are levelled that daughter of the informant aged about 17 years was missing and was enticed by some unknown person. Subsequently, in her statement under Section 180 BNSS, victim stated that she was scolded by her mother, as such, she left home and there she met one Ankit and the said Ankit and Danish formed physical relations with her. Thereafter, she came back and met some other person. In the statement under Section 183 BNSS, the applicant was not named.

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4. Learned AGA, based upon instructions, states that the applicant was linked with the

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BAIL No. 550 of 2026

¶30

¶31

offence in question based upon analysis of the mobile phone in which name of the applicant also appeared.

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5. Considering the two statements in which the applicant was not named and the investigation against the applicant in respect of analysis of mobile records is yet to happen, prima-facie, the material to keep the applicant under detention is missing, as such, the applicant who is in custody since 21.10.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Ram Mohan Maurya be released on bail in aforesaid FIR number......."

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8. In these circumstances, the applicant is also entitled to be released on bail on the ground of parity. It is further stated that the applicant who is in jail since 19.10.2025 undertakes that if the applicant is released on bail he would appear on each and every date fixed in the trial and he will not misused the liberty of bail granted by this Court and will cooperate in trial and would also not influence the prosecution witnesses.

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9. Learned A.G.A. vehemently opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel including that co-accused has already been released on bail by this Court.

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10. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents, as also the fact that co-accused has already been released on bail and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

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11. Let the applicant - Danish be released on bail in the aforesaid case crime number ........"

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In these circumstances, the applicant, who has no criminal history and is languishing in jail since 19.10.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses.

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Learned A.G.A. has opposed the prayer of the applicant. However, he could not dispute the above contention made by the applicant's counsel.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also that applicant has no criminal history and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

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BAIL No. 550 of 2026

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¶43

Let the applicant - Ankit be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties, out of which one should be of the family member/close relative in the like amount to the satisfaction of the court concerned, subject to following conditions:-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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February 26, 2026 ML/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Ankit v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Ankit v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Parties & counsel

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