Allahabad High Court
AMIT GOND @ GHURAN GONDversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail was granted to the accused under the conditions stipulated by the Court.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 76 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 9(m) and 10 of the Protection of Children from Sexual Offences Act, 2012. The applicant, Amit Gond, claimed innocence, asserting that the allegations of sexual assault were false, that there was no medical evidence of assault, and that he had no prior criminal record. The prosecution opposed bail but could not dispute the applicant’s clean antecedent. The Court examined the seriousness of the charges, the lack of incriminating material, and the risk of witness tampering, and concluded that a prima facie case existed but bail was appropriate. Consequently, the Court granted bail subject to a personal bond, sureties, and conditions prohibiting tampering, intimidation, and further criminal activity. The bail order was issued on 19 March 2026.
Issues considered
- What is the applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail in a case involving alleged sexual offences?
- Whether the absence of medical evidence and prior criminal record justifies bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita and POCSO Act?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 76
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 9(m)
Subjects
- bail
- criminal procedure
- sexual offences
- POCSO
- evidence tampering
- prima facie case
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 1721 of 2026
Amit Gond @ Ghuran Gond
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Bishram Tiwari
Counsel for Opposite Party(s) : Annapurna Devi, G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned
AGA for the State-opposite party and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 209 of 2025, under Sections 76,
115(2) of the Bharatiya Nyaya Sanhita, 2023, and 9(m)/10, Protection of
Children from Sexual Offences Act, 2012, Police Station Surauli, District
Deoria.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 01.11.2025. He has no criminal antecedent and
there is no likelihood of his fleeing from course of justice or tampering with
evidence in case of release on bail.
Learned counsel for the applicant submits that no offence as alleged in the
FIR has been made out against the applicant. The allegation against the
applicant is that he bit the victim on her chin, removed her undergarment,
and made her sit on his chest. However, mother of the victim has refused
for internal examination of the victim. As per the medical report, no signs
of sexual assault have been found on the person of the victim. It is further
submitted that the applicant and the victim are neighbours, and the
applicant’s family is residing at the house of his maternal grandparents.
Owing to some prior dispute between the parties, the present incident has
BAIL No. 1721 of 2026
2
been falsely alleged. No incriminating article has been recovered from the
possession of the applicant. Hence, the present bail application has been
filed.
Learned counsel for the informant as well as learned AGA has vehemently
opposed, but could not dispute the fact that applicant has no criminal
antecedents.
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Amit Gond @ Ghuran Gond, 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 through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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