Allahabad High Court
BASARAT @ LALLAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Basarat @ Lalla, who was charged under sections of the B.N.S., the POCSO Act and the SC/ST Act for allegedly enticing the daughter of a complainant. The applicant claimed false implication, citing inconsistencies in the victim's age (FIR stated 18, ossification test 17) and her statement that she was a consenting, married adult who refused medical examination. The State argued the applicant was a minor of about 17 years and opposed bail. Relying on Supreme Court precedents concerning bail, jail overcrowding, and the need for a balanced approach, the Court held that the applicant was entitled to bail without expressing a view on the merits. Accordingly, the bail was granted with standard conditions and procedural directives for verification and release.
Issues considered
- Whether bail should be granted to the accused under the B.N.S., POCSO Act and SC/ST Act given the nature of the offence and the applicant's alleged minority status.
- Whether the inconsistencies in the victim's age and consent affect the bail decision.
Legislation cited
- B.N.S. — s. 137(2), 64(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
- SC/ST (Prevention of Atrocities) Act — s. 3(2)V
Subjects
- bail
- minor
- POCSO
- SC/ST Act
- overcrowded prisons
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27015 of 2026
Basarat @ Lalla
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Brajesh Kumar Singh, learned counsel for the applicant and
Shri Jai Kishan Chaurasia, learned State Law Officer for the State and
perused the record. At the very outset, learned State Law Officer submits
that the notice has been served on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 135 of 2026, under Sections 137(2),
87, 64(1) of B.N.S. and Section 3/4 of POCSO Act and Sections 3(2)V
SC/ST Act, Police Station Pachokhara, District Firozabad, during the
pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that as per first
information report, the age of the victim has been found to be 18 years
and as per ossification test, the age of the victim has been found to be 17
years and there is no educational records regarding her age. It is further
submitted that 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 has refused to undergo medico legal examination. It is further
submitted that as per her statement, she is already married with one
Rahul. It is further submitted that the applicant is having criminal history
of one case, which has been duly explained and the applicant has been
languishing in jail since 01.07.2026, in case, he is granted bail, he will not
BAIL No. 27015 of 2026
2
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned State Law Officer has vehemently opposed the
prayer for bail and it has been submitted by him that the applicant is aged
about 17 years as per ossification test and she is a minor.
5. As per first information report, the applicant is said to have enticed
away the daughter of the first informant, however, the victim has been
recovered and as per first information report, the age of the victim has
been found to be 18 years and as per ossification test, the age of the
victim has been found to be 17 years and there is no educational records
regarding her age. It is further submitted that 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 has refused to undergo medico legal
examination. It is further submitted that as per her statement, she is
already married with one Rahul. It is further submitted that the applicant
is having criminal history of one case, which has been duly explained and
the applicant has been languishing in jail since 01.07.2026.
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- Basarat @ Lalla 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:-
BAIL No. 27015 of 2026
3
(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
Jail Superintendent, Firozabad 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
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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