Allahabad High Court
MOHD AMIRversusSTATE 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
The applicant, Mohd Amir, sought bail in a criminal case (Crime No. 23 of 2026) involving alleged offences under Sections 137(2) and 64(1) of the BNS and Sections 3 and 4 of the POCSO Act. The court noted that the victim's statement under Section 183 BNSS suggested consent, as she had accompanied the applicant to Maharashtra and married him. An ossification test placed the victim's age at approximately 16 years, with a margin of error of 1–2 years, and no medical evidence corroborated the alleged offence. Considering these prima facie facts, the court found that the applicant had made out a case for bail. Consequently, the bail application was allowed, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 64(1) of the BNS and Sections 3/4 of the POCSO Act.
- Whether the victim's statement and age evidence constitute a prima facie case for bail.
- Whether the lack of medical evidence affects the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- consent
- age of victim
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15451 of 2026
Mohd Amir
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Awes Iqbal, Keshari Nath Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 1 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 28.04.2026 but none is present on behalf of
the informant.
2. Heard Sri Keshari Nath Tripathi, learned counsel for the applicant and
Sri Sunil Kumar, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 23 of 2026, under Sections
137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station -
Kiratpur, District - Bijnor, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS prima facie indicates
her consent as she had accompanied the applicant all the way to
Maharashtra and married him. The ossification test report places the
victim's age at about 16 years which carries margin of error of 1–2 years
on either side. Furthermore, there is no medical evidence on record to
corroborate the alleged incident.
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.
Accordingly, the bail application is allowed.
6. Let the applicant- Mohd Amir, be released on bail on furnishing a
BAIL No. 15451 of 2026
2
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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