Allahabad High Court
FAHEEMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
The applicant, Faheem, filed a bail application in Special Session Trial No.1309 of 2024 concerning offences under Sections 137(2), 87, 65(1) of the BNS Act, 2023 and Sections 3 and 4(2) of the POCSO Act. The victim’s statement recorded under Section 164 of the CrPC indicated consent, and the applicant argued that the victim, though shown as 15 years old in a school certificate, appeared to be a major, with no documentary proof of minority. The applicant, who has no prior criminal record and has been in custody since 31‑10‑2024, pledged to cooperate with the trial and not misuse bail. The State opposed bail but could not refute the applicant’s submissions. The Court, after considering the prima facie evidence and the victim’s consent, allowed bail subject to a personal bond, two sureties, and conditions against tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual offences under the POCSO Act where the victim’s statement indicates consent
- Whether the alleged minority of the victim, based solely on a school certificate, affects the bail decision
Legislation cited
- BNS, 2023 — s. 137(2), 65(1), 87
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences Act — s. 3, 4(2)
Subjects
- bail
- consent
- POCSO
- minority
- Criminal Procedure Code
- special session trial
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24315 of 2025
Faheem
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sageer Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.104 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 13.06.2025, but none is present on behalf of
the informant.
2. Heard Sri Firdos Haider, Advocate holding brief of Sri Sageer Ahmad,
learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A.
for the State and perused the material placed on record.
3. Applicant seeks bail in Special Session Trial No.1309 of 2024 arising out
of Case Crime No.333 of 2024, under Sections 137(2), 87, 65(1) of BNS,
2023 and Sections 3/4(2) of POCSO Act, Police Station- Neoria, District-
Pilibhit, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party as far as her statement recorded under Section
164 Cr.P.C. is concerned. As per school certificate, she was 15 years old, but
by her physical appearance, she seems to be major. There is no valid
document to suggest that she was minor. The applicant has no criminal
history and is in jail since 31.10.2024. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
BAIL No. 24315 of 2025
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 164
Cr.P.C., which indicates her consent, 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. The bail application is allowed.
7. Let the applicant- Faheem, be released on bail on furnishing a 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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