Allahabad High Court
ASIF @ ASIVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted bail to the applicant, subject to personal bond, sureties, and standard conditions.
Summary
The High Court considered a bail application filed by Asif @ Asiv in a criminal case (Crime No.10 of 2026) involving alleged sexual assault of a 15‑year‑old girl. The applicant claimed false implication, citing contradictory victim statements recorded under Sections 180 and 183 of the BNSS, with the latter denying any knowledge of the applicant. The State opposed bail, relying on the victim’s statement under Section 180 alleging rape and abduction. The Court noted the serious inconsistency between the two statements, the applicant’s clean record, and the fact that he was not being prosecuted under the POCSO Act. Weighing these factors, the Court deemed it appropriate to enlarge bail, imposing standard conditions and ordering his release on personal bond with sureties.
Issues considered
- Whether bail should be granted despite serious allegations of sexual assault of a minor.
- Whether the contradictions between victim statements under Sections 180 and 183 BNSS affect the merit of the bail application.
- Whether the applicant’s lack of criminal antecedents and duration of pre‑trial detention justify bail.
- Whether the case falls within the ambit of the POCSO Act, impacting bail considerations.
Legislation cited
Subjects
- bail
- false implication
- contradictory statements
- sexual assault
- minor victim
- POCSO
- Criminal Procedure Code
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15318 of 2026
Asif @ Asiv
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Shankar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Sri Vivek Singh, Learned Advocate, holding the brief of Sri
Shyam Shankar Mishra,Learned counsel for the applicant, Learned
A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.10 of 2026, under Sections 137(2), 87
B.N.S., Police Station- Rijor, District- Etah.
3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant had never
misbehaved with the victim nor has abducted her. He further submits that
there is a stark contrast in the statements recorded under Sections 180 &
183 BNSS. The victim has not been recovered from the possession or on
the pointing out of the applicant. The victim in her statement recorded
under Section 183 BNSS has clearly denied knowing the applicant or of
the applicant abducting her. The applicant has no criminal antecedents.
The applicant is in jail since 31.01.2026.
4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant as per the statement of the victim recorded
under Section 180 BNSS, had sexually assaulted the victim. The victim is
aged about 15 years and has categorically nominated the applicant as her
abductor, who had enticed her away and had forcibly taken her to Etah
Bus Stand.
BAIL No. 15318 of 2026
2
5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
6. The applicant although named in the First Information Report,
allegations of enticing away the victim and misbehaving with her, have
been levelled in the First Information Report. In the statement recorded
under Section 180 BNSS, the victim has levelled allegations of rape
against the applicant. In her statement recorded under Section 183 BNSS,
the victim has taken a different case all together and has contended that
she had been going to her friend Deepti's house for taking some note
book, whose house is near the Bus Stand when some people caught hold
of her. She also stated that in the crowd of people, there were also police
personnel, who had taken her to the police station. She has clearly denied
knowing the applicant or the fact that the applicant had enticed her and
taken her away. The applicant is now not being prosecuted for the offence
under the POCSO Act. There is serious contradiction between the
statements recorded under Sections 180 & 183 BNSS. The applicant has
no criminal antecedents and he is in jail since 31.01.2026.
7. Taking into account all the facts and circumstances of the case as
discussed above, I deem it fit to enlarge the applicant on bail.
8. The bail application is allowed.
9. Let the accused-applicant- Asif @ Asiv, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
BAIL No. 15318 of 2026
3
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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