Allahabad High Court
GURPREET SINGH ALIAS LUCKYversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the seriousness of the offence and the injury to a vital part of the child's body preclude the grant of bail.
Summary
The applicant, Gurpreet Singh, sought bail in a case registered under Section 65(2) of the CrPC and Sections 5 and 6 of the POCSO Act, alleging that the charges of sexual assault on a five‑year‑old victim were false and stemmed from a family land dispute. The State opposed bail, emphasizing that the victim sustained injury to a vital part of the body, indicating the seriousness of the offence. The court examined the material, noted that the FIR was promptly lodged and the injury was serious, and concluded that the bail application lacked merit. Consequently, the bail was denied. The court also directed that the trial proceed expeditiously, without the bail order influencing the trial’s merits.
Issues considered
- Whether bail can be granted to an accused under Section 65(2) CrPC and Sections 5/6 POCSO Act when the victim has sustained injury to a vital part of the body.
- Whether the claim of false implication and a family land dispute affect the grant of bail in a child sexual offence case.
Legislation cited
- Code of Criminal Procedure — s. 65(2)
- Protection of Children from Sexual Offences Act — s. 5, 6
Subjects
- bail
- POCSO
- child sexual offence
- injury to vital part
- false implication
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23587 of 2025
Gurpreet Singh Alias Lucky
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar Pandey, Narendra Giri,
Sanjay Singh Sengar, Susheel Kumar
Pandey
Counsel for Opposite Party(s) : G.A., Rafeek Ahmad Khan
Court No. - 65
(Sr. No.103 out of 243)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Alok Kumar Pandey, learned counsel for applicant, Sri Syed
Anas Hussain, Advocate holding brief of Sri Rafeek Ahmad Khan, learned
counsel for the informant, Sri R.P. Patel, learned State Law Officer for the
State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime
No.143 of 2025, under Section 65(2) BNS and Section 5/6 POCSO Act,
Police Station Kotwali Nagar (Mahoba), District Mahoba with the prayer to
enlarge him on bail.
4. Learned counsel for the applicant has stated that the allegations are per se
false. It is true that the victim is of tender age, i.e., 5 years old, but the
applicant has been falsely implicated in the instant case. There is a dispute
between the families over the possession of a vacant land, which lies
between the two houses, and the informant wants the applicant to leave the
village, as all the other family members live elsewhere. The applicant is in
jail since 26.03.2025 and is ready to cooperate with trial. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
5. Per contra, learned counsel for the informant and learned State Law
BAIL No. 23587 of 2025
2
Officer have vehemently opposed the bail application on the ground that
there is injury on the vita part of the body of victim; as such, the applicant is
not entitled to bail.
6. After hearing learned counsel for the parties and taking into consideration
that the FIR is prompt and there is an injury on the vital part of the body of
victim, I do not find it a fit case for grant of bail to the applicant. The bail
application is found devoid of merits and is, accordingly, rejected.
7. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously, as early as possible, in accordance with law,
if there is no legal impediment.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
May 12, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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