Allahabad High Court
YASEEN KHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
Yaseen Khan applied for bail in a criminal case (Crime No. 47 of 2026) involving alleged sexual intercourse with a 17‑year‑old girl, who is also pregnant, under Sections 137(2), 87, 64(2)(M) of the BNS Act and Sections 5L/6 of the POCSO Act. The applicant claimed false implication, asserted that the relationship was consensual, highlighted the lack of proper age verification, and pointed to his clean record and prolonged pre‑trial detention since 15‑April‑2026. The State opposed bail, emphasizing the victim’s minority and pregnancy. The Court, after considering the facts, the accused’s lack of criminal history, jail overcrowding, and Supreme Court precedents (Kapil Wadhawan v CBI and Maya Tiwari v State of U.P.), granted bail without commenting on the merits, imposing standard conditions and procedural safeguards.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual intercourse with a minor under the POCSO Act and related provisions.
- Whether the alleged consent of the minor and the absence of a criminal record justify bail despite the seriousness of the offence.
Legislation cited
- BNS Act — s. 137(2), 64(2)(M), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5L, 6
Subjects
- bail
- POCSO
- minor
- consent
- criminal procedure
- Supreme Court precedent
- jail overcrowding
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27050 of 2026
Yaseen Khan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Zafar Yab Khan, Shahroze
Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Shahroze Khan, learned counsel for the applicant and Sri Jai
Krishna Chaurasiya, learned State Law Officer, for the State and perused
the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 47 of 2026, under Sections 137(2),
87, 64(2)(M)of BNS and Section 5L/6 of POCSO Act, Police Station
Trilokpur, District Siddharth Nagar, during the pendency of the trial.
3. At the very outset, learned State Law Officer submits that notice has
been served on the first informant.
4. 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. It is further submitted that the age
of the victim has been found to be 17 years and 03 months as per her
certificate of Class 3rd, 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 15.4.2026 and he is
having no criminal history. 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.
BAIL No. 27050 of 2026
2
5. Per contra, learned State Law Officer has vehemently opposed the
prayer for bail, however, it is submitted that the the victim is a minor girl
aged about 17 years and 03 months as per certificate of Class 3rd and she
is pregnant.
6. 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 has been recovered and the victim in her statements under
Section 180 and 183 BNSS has stated that she knew the applicant for the
last two years and she was in love with him and physical relationship was
established between them with mutual consent. The age of the victim has
been found to be 17 years and 03 months as per her certificate of Class
3rd, 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 and the victim is said to be
pregnant. The applicant has been languishing in jail since 15.4.2026 and
he is having no criminal history.
7. 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Yaseen Khan 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,
BAIL No. 27050 of 2026
3
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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. 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.
12. 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.
13. 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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