Allahabad High Court
HASIM @ RAJA BABUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court allowed the bail application, granting bail with conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Hasim @ Raja Babu, who was arrested in a case of alleged sexual assault on a four‑year‑old girl under Sections 9M and 10 of the Protection of Children from Sexual Offences Act. The applicant claimed innocence, argued that the maximum punishment was seven years, and highlighted his lengthy pre‑trial detention since 2 December 2025, while the State opposed bail citing the seriousness of the offence and the applicant's prior criminal history of seven cases. The court examined the nature of the charge, the evidence on record, and the statutory provisions governing bail, without expressing an opinion on the merits of the case. Finding that the circumstances satisfied the criteria for bail, the court granted the application subject to a personal bond of Rs. 50,000 and several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court's future determination of guilt.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to an accused charged with sexual assault on a minor under the POCSO Act, considering the maximum punishment and the applicant's prior criminal record.
- Whether the conditions imposed on bail are sufficient to safeguard the trial process and prevent interference with witnesses or evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483, 74
- Protection of Children from Sexual Offences Act — s. 10, 9M
Subjects
- bail
- sexual assault
- minor
- POCSO
- Bharatiya Nagarik Suraksha Sanhita
- criminal history
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13970 of 2026
Hasim @ Raja Babu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sushil Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant,
and Shri O.P. Singh, learned AGA for the State-respondents and perused
the record. The learned AGA submits that the notice has been served on
the first informant.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.439 of 2025, under
Sections 74 of B.N.S. and section 9M/10 of the Protection of Children
From Sexual Offences Act, registered at Police Station Jamunapar,
District Mathura, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the applicant is languishing in
jail since 02.12.2025 and the maximum punishment, which can be
imposed on conviction is seven years. It is further submitted that the
applicant is having criminal history of seven cases, which has been duly
explained in the memo of application, undertakes that he will not misuse
the liberty, if granted. It has also been pointed out that in the wake of
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the applicant is said to
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2
have committed sexual assault on a minor girl aged about four years.
5. As per first information report, applicant is said to have committed
sexual assault on a minor girl aged about four years. It is further
submitted that the applicant is languishing in jail since 02.12.2025 and the
maximum punishment, which can be imposed on conviction is seven
years and the applicant is having criminal history of seven cases, which
has been duly explained in the memo of application.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Hasim @ Raja Babu involved in the aforesaid case
crime shall be released on bail on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of
the Court concerned :-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 13970 of 2026
3
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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