Allahabad High Court
ZOYA KHAN @ NEHA @ CHANDANIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The applicant, Zoya Khan, sought bail in a POCSO case (Crime No. 241 of 2026) alleging false implication and a three‑month delay in filing the FIR. Counsel argued that the applicant is innocent, has no prior criminal record, and has been in custody since 5 July 2026. The State opposed bail but could not refute the applicant's contentions. The court, noting the inordinate delay in the FIR and the lack of substantive evidence, found that the applicant had made out a prima facie case for bail without delving into the merits. Accordingly, bail was granted on condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether the applicant is entitled to bail despite the pending trial under the POCSO Act.
- Whether the three‑month delay in lodging the FIR warrants bail.
- Whether the applicant's alleged innocence and lack of criminal history justify release on bail.
Legislation cited
- Code of Criminal Procedure — s. 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 16, 17, 3
Subjects
- bail
- POCSO
- delay in FIR
- presumption of innocence
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26637 of 2026
Zoya Khan @ Neha @ Chandani
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.139 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed by learned counsel for the
applicant is taken on record.
2. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, Sri
Deepak Kumar Singh, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 241 of 2026, under Section 96
BNS and Section 3/16/17 POCSO Act, Police Station Sector-20 Noida,
District Commissionerate Gautam Buddh Nagar, 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
FIR is delayed by about three months and there is no explanation of the said
delay caused. The allegations do not stand substantiated by any evidence
whatsoever. The applicant has no criminal history and is in jail since
5.7.2026. She 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 the
submissions raised by the learned counsel for the applicant could not be
disputed.
BAIL No. 26637 of 2026
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 inordinate delay of three months in institution of FIR, 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- Zoya Khan @ Neha @ Chandani, be released on bail
in the aforementioned case crime on furnishing a personal bond and two
sureties to the satisfaction of the court concerned, subject to verification of
sureties, with the conditions that she 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.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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