Allahabad High Court
ANKUSH DHOBIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
Ankush Dhobi was arrested in connection with an alleged offence under Sections 137(2), 87, 64 of the B.N.S. and Sections 3/4 of the POCSO Act, accused of enticing the daughter of the first informant. The victim’s statement under Sections 180 and 183 of the B.N.S. indicated that she left the house of her own volition and that no wrongdoing was committed by the accused, and she also refused a medical examination. The applicant pleaded that he has no prior criminal record and that the charge sheet has already been filed, rendering custodial interrogation unnecessary. The State opposed bail but did not dispute the factual matrix presented by the applicant. The court, after considering the victim’s statement, the lack of medical evidence, and the nature of the charges, granted bail with a personal bond, two sureties, and specific conditions, without expressing an opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the B.N.S. and POCSO Act despite the seriousness of the charges.
- Whether the victim’s voluntary statement and refusal to undergo medical examination negate the necessity for continued custodial detention.
Legislation cited
Subjects
- bail
- POCSO
- victim statement
- medical examination refusal
- criminal procedure
- sections 137(2) 87 64
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26716 of 2025
Ankush Dhobi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Bajpai, Manju Lata
Verma, Ram Sumer Chaudhary,
Saurabh Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. No one appeared on behalf of the first informant despite service of notice
by the police.
2. Heard Sri Saurabh Tripathi, counsel for the applicant, Sri Roshan Kumar
Singh, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 77 of 2025, under Sections
137(2), 87, 64 of B.N.S. and Section 3/4 POCSO Act, Police Station- Pailani
District Banda.
4. Counsel for the applicant submitted that though in the FIR allegation has
been made that the applicant has enticed away the daughter of the first
informant but the victim in her statement under Section 180 and 183 BNSS
clearly stated that she herself left the house and no wrong has been
committed by the present applicant, therefore, the applicant has not
committed any offence. It is further submitted that the applicant has no
criminal history. It is further submitted that the victim refused to undergo her
medical examination, therefore, as on date, there is no material against the
applicant. It is further submitted that charge sheet has been filed in the
present case, therefore, there is no requirement of custodial interrogation.
The applicant is a law abiding citizen and he is languishing in jail since
20.06.2025. In case, he is granted bail, he will not misuse the liberty of bail
and would cooperate in the trial proceedings.
BAIL No. 26716 of 2025
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5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the statement of the
victim recorded under Section 180 and 183 BNSS; also taking into account
the fact that the victim refused to undergo her medical examination and
keeping in view the nature of offence, evidence, complicity of accused 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. Accordingly, the bail
application is allowed.
7. Let the applicant- Ankush Dhobi 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.
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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
BAIL No. 26716 of 2025
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of High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
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 on e-prison portal and Trial
Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
October 1, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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