Allahabad High Court
AAS MOHAMMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Aas Mohammad in a rape case under Sections 64(2), 351(2) of the Indian Penal Code, and Sections 5N and 6 of the POCSO Act. The applicant argued that he was falsely implicated, the victim’s statement under Section 183 did not incriminate him, the victim was 17 years old, and the medico‑legal report did not support a rape allegation. The State opposed bail but did not dispute these factual contentions. Relying on the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari, and noting jail overcrowding and case pendency, the court granted bail without commenting on the merits. The order released the applicant on personal bond with conditions and directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused in a POCSO‑related rape case where the victim’s statement does not implicate the accused.
- Whether the nature of the offence and the evidence presented warrant denial of bail.
- Whether considerations of jail overcrowding and pendency of criminal trials justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973
- Indian Penal Code — s. 351(2), 64(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 5N, 6
Subjects
- bail
- rape
- POCSO Act
- false implication
- overcrowded jails
- trial pendency
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26167 of 2026
Aas Mohammad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Lal Prabhakar Singh, Mohd. Akbar
Shah Alam Khan
Counsel for Opposite Party(s) : Afsha, G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mohd. Akbar Shah Alam Khan, learned counsel for the applicant
and Sri Shiv Dutt Shukla, learned A.G.A. for the State and Miss Kajal
Kumari, holding brief of Miss Afsha, learned counsel for High Court
Legal Service Committee. Supplementary affidavit filed today is taken on
record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 237 of 2026, under Sections 64(2),
351(2) BNS and Sections 5N/6 of POCSO Act, Police Station Budhana,
District Muzaffarnagar, during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim in
her statement under Section 183 BNSS has not stated anything against the
applicant. It is further submitted that the age of the victim has been found
to be 17 years as per her radio-logical examination. It is further submitted
that the medico-legal report of the victim does not support the
commission of rape on her. It is also submitted that the applicant has
been languishing in jail since 1.6.2026 and he is having criminal history
of one case in which he has been acquitted. It is lastly submitted that in
case the applicant is granted bail, he will not misuse the liberty of bail and
would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. and the learned counsel for the High Court
BAIL No. 26167 of 2026
2
Legal Services Committee have vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.
5. As per the allegation in the FIR, the applicant is said to have
committed rape on the victim, however, the victim in her statement under
Section 183 BNSS has not stated anything against the applicant. The age
of the victim has been found to be 17 years as per her radio-logical
examination and the medico-legal report of the victim does not support
the commission of rape on her. The applicant has been languishing in jail
since 1.6.2026 and he is having criminal history of one case in which he
has been acquitted.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Aas Mohammad involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the court concerned,
with the following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
BAIL No. 26167 of 2026
3
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 8, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
Checking your session…