Allahabad High Court
MOHD. NAZIRversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant, finding that he had made out a case for release.
Summary
The High Court considered a bail application filed by Mohd. Nazir, who was in custody since 9‑December‑2024 for offences under Sections 65(1), 351(2), 74 BNS of the IPC and Sections 5, 6, 9 and 10 of the POCSO Act. The applicant claimed innocence, asserting that the informant and victim, who were initially witnesses, turned hostile during trial, undermining the prosecution's case. The State opposed bail but could not refute the applicant's submissions. After reviewing the material and noting the lack of a likelihood of conviction, the Court found that the applicant had made out a case for bail. Consequently, the Court ordered his release on personal bond and two sureties, subject to standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the specified IPC and POCSO provisions given the turning hostile of key witnesses and the alleged lack of likelihood of conviction.
Legislation cited
- Indian Penal Code — s. 351(2), 65(1), 74 BNS
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 5, 6, 9
Subjects
- bail
- criminal procedure
- POCSO Act
- witness hostility
- presumption of innocence
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12588 of 2025
Mohd. Nazir
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Verma, Sunil Kumar
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.98 out of 277)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that notice
to the informant has been served on 11.4.2025.
2. Supplementary affidavit filed by learned counsel for the applicant is taken
on record.
3. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer for the State and perused the material
placed on record.
4. Applicant seeks bail in S.T. No.149 of 2025, arising out of Case Crime
No.449 of 2024, under Sections 65(1), 351(2), 74 BNS and Sections 5(
ढ़़़़़़़़़़़)(ठ)/6/9(ढ़़़़़़़़़़़)/10 of POCSO Act, Police Station Kant, District Moradabad,
during the pendency of trial.
5. Learned counsel for the applicant has stated that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
informant and victim have been examined as PW-1 and PW-2, respectively,
during trial and they have completely resiled from their earlier statements
and have been cross-examined by the public prosecutor after declaring them
hostile. There is no likelihood of conviction of the applicant in the present
case.
6. Learned counsel for the applicant has further stated that there is no
BAIL No. 12588 of 2025
2
criminal history of the applicant. The applicant is languishing in jail since
9.12.2024 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.
8. 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 witnesses have turned hostile, 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.
9. Let the applicant- Mohd. Nazir, 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.
10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 20, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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