Allahabad High Court
ASHFAQ @ MUSEversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Ashfaq @ Muse, who was arrested in connection with a case under Sections 137(2), 87, 65(2), 62 of the BNS Act and Sections 5M/6, 18 of the POCSO Act for allegedly sexually harassing a seven‑year‑old girl. The applicant claimed false implication, pointing to contradictions in the victim's statements recorded under Sections 180 and 183 of the BNS and asserted that the victim had already been examined, eliminating any risk of evidence tampering. The State opposed bail, emphasizing the minor status of the victim and the allegation that the applicant disrobed her. The Court, while noting the seriousness of the offence, applied the Supreme Court’s guidelines in Kapil Wadhawan v CBI (2025) and Maya Tiwari v State of U.P. (2024), as well as the policy on bail to address jail overcrowding, and held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to a personal bond, sureties and strict conditions to prevent tampering, intimidation, or further criminal activity.
Issues considered
- Whether bail can be granted to an accused charged under the POCSO Act for alleged sexual assault of a minor.
- Whether contradictions in the victim's statements affect the risk of evidence tampering and thus bail eligibility.
- Whether the seriousness of the offence and the minor status of the victim justify denial of bail.
- Application of Supreme Court bail jurisprudence and policy considerations (overcrowded jails, pendency) to the present case.
Legislation cited
Subjects
- bail
- POCSO
- sexual assault of minor
- contradictory statements
- jail overcrowding
- Supreme Court bail guidelines
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15354 of 2026
Ashfaq @ Muse
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Chaman Aara, Shabista Parveen
Counsel for Opposite Party(s) : G.A., Utkarshni Singh
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Miss Shabista Parveen, learned counsel for the applicant and Sri
Shiv Dutt Shukla, learned A.G.A. for the State and Miss. Utkarshni
Singh, learned counsel for High Court Legal Services Committee.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 53 of 2026, under Sections 137(2),
87, 65(2), 62 of BNS and Section 5M/6, 18 of POCSO Act, Police Station
Ramnagar District Varanasi during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and there are
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS and the victim in her statements has not
stated anything regarding her disrobment. It is further submitted that the
victim has already been examined before the trial court, therefore, there is
no chance of tampering of evidence. It is also submitted that the applicant
has been languishing in jail since 7.3.2026 and he is having no criminal
history. It is lastly submitted that in case the applicant is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.
5. Per contra, learned A.G.A. and learned counsel for High Court Legal
BAIL No. 15354 of 2026
2
Services Committee have vehemently opposed the prayer for bail,
however, it is submitted that the the victim is a minor girl aged about 7
years and the victim in her statement recorded under Section 183 BNSS
has stated that the applicant disrobed her.
6. As per the allegation in the FIR, the applicant is said to have sexually
harassed the victim and outraged her modesty aged about 07 years,
however, there appears to material contradictions in the statement of the
victim recorded under Sections 180 and 183 BNSS. The victim has
already been examined before the trial court, therefore, there is no chance
of tampering of evidence. The applicant has been languishing in jail since
7.3.2026 and he is having no criminal history.
7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Ashfaq @ Muse involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the court concerned,
with the following conditions:-
(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 cooperate in the trial/investigation sincerely
BAIL No. 15354 of 2026
3
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
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.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
October 1, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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