Allahabad High Court

MONISversusSTATE OF U.P. AND 3 OTHERS

Decided: 28 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court held that 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, for the accused Moni, who was charged under Sections 64(1), 115(2), 352, 351(3) of the same Act and Sections 3 and 4 of the POCSO Act. The applicant claimed false implication, arguing that the victim’s statement did not allege rape, her age was not conclusively proved, and the medico‑legal report was inconsistent. The State opposed bail, citing the seriousness of the alleged offences. Relying on the Supreme Court’s guidelines in Kapil Wadhawan (2025) and Maya Tiwari (2024) and considering jail overcrowding and the applicant’s clean record, the Court granted bail with strict conditions. The order directed verification of identities, issuance of the release order through the Bail Order Management System, and compliance with a Supreme Court policy on bail communication.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under that Act and the POCSO Act.
Whether the victim’s age and alleged rape are sufficiently established to deny bail.
Whether the accused poses a risk of tampering with evidence, influencing witnesses, or committing further offences if released.
How the precedents set by Kapil Wadhawan v. CBI (2025) and Maya Tiwari v. State of U.P. (2024) apply to the bail determination.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 351(3), 352, 483, 64(1)
Protection of Children from Sexual Offences Act — s. 3, 4

Subjects

bail
false implication
age determination
POCSO
Bharatiya Nagarik Suraksha Sanhita
overcrowded jails
Supreme Court precedent
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27328 of 2026

Monis
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Sanjay Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Ashish
Kumar Tripathi, 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. 62 of 2026 under Sections 64(1),
115(2), 352, 351(3) BNS, 3/4 POCSO Act registered at Police Station
Shazad Nagar, District Rampur during pendency of the trial.

3. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.

4. It is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and the victim has not stated anything
regarding commission of rape in her statement under Sections 183 BNSS. It
is further submitted that age of the victim has been found to be 17 years as
per certificate of Class VIIIth, however, there is no High School certificate
or certificate of school first attended and no radio-logical examination has
been conducted for her age determination. It is further submitted that
medico-legal report of the victim 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 14.4.2026. 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. 27328 of 2026
2

5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant.

6. As per the FIR, applicant is said to have established physical relationship
with the victim on false promise of marriage for the last five years.
However, there are material contradictions in the statements of the victim
recorded under sections 180 and 183 BNSS as she has not stated anything
regarding commission of sexual assault on her in her statement under section
183 BNSS. The victim has been found to be aged about 17 years as per
certificate of Class VIIIth, however, there is no High School certificate or
certificate of school first attended and no radio-logical examination has been
conducted for her age determination. Medico-legal report of the victim does
not support commission of rape on her. Applicant, who has no criminal
history, has been languishing in jail since 14.4.2026.

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. Let the applicant Monis 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
BAIL No. 27328 of 2026
3

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 29, 2026
Madhurima

Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad

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