Allahabad High Court
MUJAFFAR @ MUZAFFARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant is entitled to bail.
Summary
The applicant, Mujaffar @ Muzaffar, sought bail in a criminal case (Crime No. 513 of 2025) involving alleged offences under Sections 137(2) IPC, 65(1) BNS, 3/4(2) of the POCSO Act and 3(2)(5) of the SC/ST Act. The victim was a 16‑year‑old girl who, according to the statement recorded under Section 183 BNS, had travelled with the applicant on his motorcycle and did not raise alarm. The court noted the absence of medical evidence and, while not expressing a view on the merits, found that the applicant had made out a prima facie case for bail. Considering the victim’s age, the nature of the statement, and the lack of corroborative evidence, the court granted bail with a two‑year upper limit and standard conditions. The bail order required a personal bond, two sureties, and compliance with conditions not to tamper with evidence or intimidate witnesses. The decision was pronounced on May 7, 2026, by Justice Krishan Pahal.
Issues considered
- Whether the applicant is entitled to bail under Sections 137(2) IPC, 65(1) BNS, 3/4(2) POCSO Act and 3(2)(5) SC/ST Act given the facts of the case
Legislation cited
- BNS Act — s. 65(1)
- Indian Penal Code — s. 137(2)
- Protection of Children from Sexual Offences Act — s. 3/4(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(5)
Subjects
- bail
- POCSO
- SC/ST Act
- minor victim
- consent
- evidence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15566 of 2026
Mujaffar @ Muzaffar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Tripathi
Counsel for Opposite Party(s) : Arvind Kumar Singh, G.A.
Court No. - 65
(Sl. No. 20 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri Arvind
Kumar Singh, 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. 513 of 2025, under Sections
137(2), 65(1) BNS and 3/4(2) POCSO Act and 3(2)(5) SC/ST Act, Police
Station Loni, District Ghaziabad, during the pendency of trial.
4. 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 being 16 years, as such, a leverage of two
years is granted to the applicant on the upper side; the statement of the
victim recorded u/s 183 BNSS, whereby she seems to be consenting party, as
she had travelled with the applicant on his motorcycle and did not raise any
alarm during the said sojourn; there being no medical corroboration of the
incident, and 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.
5. Let the applicant-Mujaffar @ Muzaffar who is involved in
aforementioned case crime be released on bail on his furnishing a personal
BAIL No. 15566 of 2026
2
bond and two sureties each 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.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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