Allahabad High Court
SHAMSHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant is entitled to bail.
Summary
Shamshad, a 21‑year‑old, was arrested on 7 June 2026 in connection with Crime No. 280 of 2026 under Section 65(1) of the Indian Penal Code (BNS) and Sections 5 and 6 of the POCSO Act. He applied for bail, claiming innocence, asserting that the FIR was filed six hours after the alleged incident and that the alleged victim, mistakenly recorded as a 15‑year‑old, was actually a consenting adult who left the scene with her brother. The State opposed bail, but the court noted the victim’s apparent consent, the erroneous age entry, the delay in filing the FIR, and the applicant’s clean record. Without passing on the merits, the court held that prima facie the applicant was entitled to bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail should be granted to the accused under Section 65(1) IPC and Sections 5/6 POCSO Act pending trial.
- Whether the alleged victim’s consent and the misstatement of her age affect the bail decision.
- Whether the six‑hour delay in filing the FIR is a material factor for bail.
Legislation cited
- Indian Penal Code — s. 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 5, 6
Subjects
- bail
- POCSO Act
- Section 65(1) IPC
- consent
- FIR delay
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29548 of 2026
Shamshad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manauvar Husain, Saddam Husain
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.40 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 8.8.2026.
2. Heard Sri Saddam Husain, learned counsel for the applicant, Sri Deepak
Kumar Singh, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.280 of 2026, under Sections 65(1)
BNS and Section 5/6 POCSO Act, Police Station Kotwali Hata, District
Kushinagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about six hours, for which no explanation has been
furnished. The victim seems to be a consenting party as is but evident from
the circumstances. The victim has stated that her brother reached there and
took her home. The victim by her looks seems to be major, but her age has
been wrongly mentioned as 15 years. The applicant himself is a 21 years old
youth. The applicant has no criminal history and is in jail since 7.6.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A.has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
BAIL No. 29548 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim seems to be a consenting party as is evident
from the circumstances narrated by her, and without expressing any opinion
on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Shamshad, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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