Allahabad High Court
SAJIDversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant had made out a case for bail and granted the bail application.
Summary
The High Court considered a bail application filed by Sajid, accused in a criminal case (Crime No. 716 of 2025) involving offences under the IPC and the POCSO Act, including alleged rape and human trafficking of a minor. The FIR, lodged 18 days after the alleged incident, alleged that the applicant, the victim's uncle, handed the minor over to another accused, Anuj, for sexual exploitation. The applicant pleaded innocence, claiming the allegations were false, citing a delayed FIR, lack of medical evidence, and a family feud motive, while asserting no prior criminal record. The State argued that the applicant’s conduct amounted to human trafficking of a minor. After evaluating the evidence, the victim’s statements, and the house‑owner’s testimony, the Court concluded that the applicant had established sufficient grounds for bail and ordered his release on personal bond and sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to an accused facing serious IPC and POCSO offences involving a minor.
- Whether the delay in filing the FIR and absence of medical corroboration justify denial of bail.
- Whether the alleged act of handing over the minor to another accused constitutes human trafficking warranting denial of bail.
- Whether the applicant’s lack of criminal history and willingness to cooperate affect the bail decision.
Legislation cited
- Indian Penal Code — s. 127, 137(2), 351(4), 352, 64(1), 64(2)(5)
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- minor victim
- sexual offences
- human trafficking
- POCSO
- false implication
- family feud
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15188 of 2026
Sajid
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Avinash Ojha, Dharmendra Pratap
Singh, Himanshu Dwivedi
Counsel for Opposite Party(s) : Akhilesh Kumar Tiwari, G.A., Santosh
Kumar Tiwari
Court No. - 65
(Sl. No. 4 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 17.4.2026.
2. Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant,
Sri Santosh Kumar Tiwari, learned counsel for the informant as well as Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 716 of 2025, under Sections
137(2), 351(4), 352, 64(1), 64(2)(5), 127, 3(5) BNS and 3/4 POCSO Act,
Police Station Kairana, District Shamli, during the pendency of trial.
PROSECUTION STORY:
4. The FIR was instituted by the informant stating that aunt of the victim
(Mausi Bano) has enticed away her minor daughter on 24.10.2025.
ARGUMENTS ON BEHALF OF APPLICANT:
5. The applicant is absolutely innocent and has been falsely implicated in the
present case. The FIR is delayed by about 18 days and there is no
explanation of the said delay caused.
6. Subsequently, the victim was recovered and she was produced at the
BAIL No. 15188 of 2026
2
police station by the informant, his wife and his sister-in-law on 6.12.2025.
The statement of the victim was recorded and she has stated that applicant,
who happens to be the uncle (mausa) of the victim, had raped her as the
named accused person Bano has closed the door from outside. The applicant
further handed over the victim to another accused person Anuj and she
stayed with him, who used to render her intoxicated and kept on committing
rape with her for more than one month and she came out of his captivity and
returned to her parental home. The said allegations are per se false.
7. The victim in her statement recorded u/s 183 BNSS has although stated
against the applicant but the landlord of the house namely, Shakuntala,
where co-accused Anuj used to live, has categorically stated that victim and
co-accused person Anuj lived in her house as husband and wife. She is the
consenting party as far as the co-accused person Anuj was concerned and the
applicant and his wife have been falsely implicated in the case owing to
family feud. There is no medical corroboration of the incident.
8. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
17.2.2026 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
ARGUMENTS ON BEHALF OF STATE/INFORMANT:
9. The victim was minor and she has been handed over by her uncle (Mausa-
applicant) to the co-accused person Anuj and the said act of the applicant
tantamounts to human trafficking.
CONCLUSION:
10. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, the evidence on record, taking into
consideration the age of the victim and the statement of the owner of the
house, where co-accused person Anuj used to live 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.
11. Let the applicant- Sajid, who is involved in aforementioned case crime
be released on bail on his furnishing a personal bond and two sureties each
BAIL No. 15188 of 2026
3
in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
12. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
May 6, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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