Allahabad High Court
SONU @ AJAY KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The bail application is allowed; the accused is released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sonu @ Ajay Kumar, who was charged under Sections 115(2) and 137(2) of the same Act and Sections 5K/6 of the Protection of Children from Sexual Offences Act for alleged penetrative sexual assault on a boy aged about 15. The applicant claimed innocence, arguing that radiological reports indicated the victim was 17 and that there was no medical corroboration of the FIR. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS. After reviewing the record, the judge, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond with conditions. The order emphasized that it does not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual assault of a minor under the BNSS and POCSO Act.
- Whether the lack of medical corroboration and the victim’s age affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 137(2), 483
- Protection of Children from Sexual Offences Act — s. 5K, 6
Subjects
- bail
- sexual assault
- minor
- POCSO
- BNSS
- evidence
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14201 of 2026
Sonu @ Ajay Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rayoof Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rayoof Ali, learned counsel for the applicant, and Shri
Ashish Kumar Tripathi, learned AGA for the State-respondents and
perused the record.
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.14 of 2026, under
Sections 115(2), 137(2) of B.N.S. and Section 5K/6 Protection of
Children From Sexual Offences Act, registered at Police Station Mahuli,
District Sant Kabir Nagar, 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 has been assigned
the role of committing penetrative sexual assault on the victim (boy), who
aged about 15 years. It is further submitted that as per radiological report,
the age of the victim is 17 years and the allegations of FIR is not
corroborated by the medical opinion. It is further submitted that the
applicant is languishing in jail since 18.01.2026, 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 victim in his statement
BAIL No. 14201 of 2026
2
recorded under Section 183 BNSS has supported the allegations of the
first information report. The learned AGA further submits that the notice
has been served on the first informant.
5. As per first information report, applicant is said to have committed
penetrative sexual assault on the victim (boy), who aged about 15 years
and as per radiological report, the age of the victim is 17 years and the
allegations of FIR is not corroborated by the medical opinion and no
external injury has been found in the anal area of the victim. It is further
submitted that the applicant is languishing in jail since 18.01.2026
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- Sonu @ Ajay Kumar 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.
BAIL No. 14201 of 2026
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8. In case of breach of any of the above conditions, it shall be a ground for
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 6, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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