Allahabad High Court
SUNIL PASWANversusSTATE 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 Sunil Paswan, who was charged under Sections 137(2), 87, 64 of the CrPC and Sections 5J(2) and 6 of the POCSO Act for allegedly enticing a 17‑year‑old girl who was pregnant. The applicant argued that the victim had consented, that her age was not conclusively proved, and that he had been in custody since June 4, 2026 despite having pending cases. The State and the informant opposed bail, contending that the accused is a habitual offender and involved in human trafficking. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail) and the need to decongest jails, the court granted bail without expressing a view on the merits. The order imposed standard bail conditions and directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether bail can be granted to an accused under the POCSO Act when the victim's consent and age are in dispute
- Whether the delay in filing the FIR and lack of radiological age verification affect the bail decision
- Whether the accused's prior criminal history warrants denial of bail
- How the Supreme Court guidelines in Kapil Wadhawan, Maya Tiwari, and the Policy Strategy for Grant of Bail apply to this case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 64, 87
- Protection of Children from Sexual Offences Act — s. 5J(2), 6
Subjects
- bail
- POCSO Act
- consent
- age of victim
- criminal procedure
- Supreme Court precedent
- overcrowded jails
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26872 of 2026
Sunil Paswan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Badree Nath Dubey
Counsel for Opposite Party(s) : G.A., Maheshwari Yadav, Saroj Kumar
Yadav
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised. Heard Sri Sanjay Dwivedi, holding brief of Sri Badree
Nath Dubey, learned counsel for the applicant and Sri O.P. Singh, learned
A.G.A. for the State and Sri Maheshwari Yadav along with Sri Saroj
Kumar Yadav learned counsel for the first informant. 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. 86 of 2026, under Sections 137(2),
87, 64 BNS and Sections 5J(2)/6 of POCSO Act, Police Station Raunapar,
District Azamgarh, 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 on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS, it
appears that she is a consenting party and she is pregnant. It is further
submitted that the age of the victim has been found to be 17 years, 06
months and 27 days as per her certificate of Class 5th, however, there is
no High School certificate or the certificate of school first attended and no
radio-logical examination of the victim has been conducted for her age
determination. It is also submitted that the applicant has been languishing
in jail since 4.6.2026 and he is having criminal history of three cases and
he is on bail in one case and in two other cases final report has been
submitted. 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
BAIL No. 26872 of 2026
2
proceedings.
4. Per contra, learned counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail and it is submitted that the
applicant is habitual offender of POCSO Act and he indulges in human
trafficking.
5. FIR has been lodged after a delay of three days and as per the
allegation in the FIR, the applicant is said to have enticed away the
daughter of the first informant aged about 17 years, however, the victim
in her statement recorded under Sections 180 and 183 BNSS she has
stated that she had left her home on her free will and she was in love with
the applicant and she is pregnant of five months with the applicant. The
age of the victim has been found to be 17 years, 06 months and 27 days
as per her certificate of Class 5th, however, there is no High School
certificate or the certificate of school first attended and no radio-logical
examination of the victim has been conducted for her age determination.
The applicant has been languishing in jail since 4.6.2026 and he is having
criminal history of three cases and he is on bail in one case and in two
other cases final report has been submitted.
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- Sunil Paswan 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
BAIL No. 26872 of 2026
3
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.
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 14, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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