Allahabad High Court
MUKIM ALIAS MOKIMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
Mukim alias Mokim applied for bail in a criminal case (No. 121 of 2025) involving alleged offences under Sections 74 and 64(2)(m) of the BNS and Sections 5(m) and 6 of the POCSO Act. The court noted an eight‑hour delay in lodging the FIR, suggesting false implication, and observed that the victim’s statement escalated from outraging modesty to rape without medical corroboration, as the victim refused an internal examination and was found to be about six years old. Given the lack of prima facie evidence, the court held that the applicant had made out a case for bail. Without commenting on the merits, the court granted bail subject to a personal bond, sureties, and standard conditions. The bail order was issued on May 7, 2026.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the alleged offences under the BNS and POCSO Acts
- Whether the delay in filing the FIR and lack of medical evidence create a prima facie case for bail
- Whether the allegations constitute false implication warranting release on bail
Legislation cited
Subjects
- bail
- false implication
- delay in FIR
- POCSO
- sexual offences
- prima facie
- medical evidence
- age of victim
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14151 of 2026
Mukim Alias Mokim
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arshala Parveen, Pankaj Sharma,
Prashant Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 25 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice
to the informant has been served on 23.04.2026 but none is present on
behalf of the informant.
2. Heard Sri Pankaj Sharma, learned counsel for the applicant and Sri Jai
Kishan Chaurasia, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 121 of 2025, under Sections
74, 64(2)(m) of BNS and Sections 5(m)/6 of POCSO Act, Police Station
- Tronica City, District - Ghaziabad, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds an
inordinate delay of about eight hours in lodging the FIR. This appears a
clear case of false implication as initial allegations pertained to outraging
modesty which were reiterated in the victim's statement u/s 180 BNSS,
but were escalated to rape only in her statement u/s 183 BNSS. No
medical evidence corroborates rape, as the victim refused internal
examination. The ossification test places her age at about 6 years. The
prosecution case thus lacks prima facie credibility, warranting bail to the
applicant.
5. 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. 14151 of 2026
2
Accordingly, the bail application is allowed.
6. Let the applicant- Mukim Alias Mokim, 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.
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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