Allahabad High Court
SHAHID KHAN @ MUNNAversusSTATE 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 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Shahid Khan @ Munna, who was charged in Crime No. 116 of 2026 under Sections 64(1), 137(2), 87 BNS and Sections 3/4 of the POCSO Act. The victim, a 17‑year‑8‑month‑old girl, gave contradictory statements under Sections 180 and 183 BNSS, and the medico‑legal report did not substantiate a rape allegation. The applicant had no prior criminal record and had been in custody since 24‑April‑2026. The State opposed bail, citing the seriousness of the alleged offences, while the applicant argued false implication and lack of evidentiary support. Relying on Supreme Court precedents and the need to decongest jails, the Court held that the applicant was entitled to bail, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged POCSO offences.
- Whether the contradictions in the victim's statements and the absence of medical evidence justify bail.
- Whether the applicant's lack of prior criminal history and the overcrowding of jails outweigh the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Criminal Procedure Code (BNSS) — s. 180, 183
- Indian Penal Code — s. 137(2), 64(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
Subjects
- bail
- POCSO
- contradictory statements
- age of victim
- overcrowded jails
- Supreme Court guidelines
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27327 of 2026
Shahid Khan @ Munna
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Padmaker Pandey, Rakesh Kumar
Shukla
Counsel for Opposite Party(s) : Ashish Kumar Maurya, G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Padmaker Pandey, learned counsel for the applicant, Sri Ashish
Kumar Maurya, learned counsel for the first informant, Sri Uma Shankar
Mishra, learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 116 of 2026 under Sections 64(1),
137(2), 87 BNS and 3/4 POCSO Act registered at Police Station Premnagar,
District Jhansi during pendency of the trial.
3. It is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and there are material contradictions in
the statements of the victim recorded under Sections 180 and 183 BNSS as
she has stated in her statement under Section 180 BNSS that she had left her
home on her own free will and she had gone along with the applicant and
physical relationship was established between them whereas in her statement
under Section 183 BNSS, she has stated that she was in love with the
applicant and he established physical relationship with her without her
consent. It is further submitted that age of the victim has been found to be 17
years and 8 months as per certificate of High School and her medico-legal
report does not support commission of rape on her. It is also submitted that
applicant, who has no criminal history, has been languishing in jail since
24.4.2026. It is lastly submitted that in case applicant is granted bail, he will
not misuse the liberty of bail and would cooperate in the trial proceedings.
BAIL No. 27327 of 2026
2
4. On the other hand, learned A.G.A. as well as learned counsel for the first
informant opposed the prayer for grant of bail to the applicant.
5. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 17 years, however, she has been recovered. There
appears to be material contradictions in the statements of the victim recorded
under Sections 180 and 183 BNSS. The victim has been found to be aged
about 17 years and 8 months as per certificate of High School and her
medico-legal report does not support commission of rape on her. Applicant,
who has no criminal history, has been languishing in jail since 24.4.2026.
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. Let the applicant Shahid Khan @ Munna 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
BAIL No. 27327 of 2026
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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. Verification
of mobile number and Aadhaar card of the applicant as well as sureties
should be verified by the court concerned.
10. 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.
11. 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 29, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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