Allahabad High Court
AVNEESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court of Allahabad considered a bail application filed by Avneesh, accused under sections of the B.N.S. and the POCSO Act for alleged rape. The applicant argued that he was falsely implicated, pointing to the victim’s statement that she left home voluntarily, conflicting age determinations (18 years by ossification test, 15 years by school certificate), and the absence of supporting medico‑legal evidence. The State opposed bail, relying on the FIR alleging the applicant enticed the informant’s daughter. The Court, noting the lack of incriminating material, the applicant’s clean criminal record, jail overcrowding, and Supreme Court precedents (Kapil Wadhawan, Maya Tiwari, and the Policy Strategy for Grant of Bail), granted bail without expressing an opinion on the merits. The order directed the applicant to furnish a personal bond and two sureties, and imposed standard bail conditions.
Issues considered
- Whether bail should be granted to the accused in a POCSO‑related offence given the evidentiary material and the nature of the charge
- Whether the victim's statements and age discrepancies negate the prosecution's case
- Whether jail overcrowding and Supreme Court bail guidelines warrant the release of the accused pending trial
Legislation cited
Subjects
- bail
- POCSO
- false implication
- age of victim
- medico-legal report
- jail overcrowding
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29930 of 2026
Avneesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Shankar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ravi Shankar Tripathi, learned counsel for the applicant and
Shri B.P. Maurya, learned A.G.A. for the State and perused the record. At
the very outset, learned AGA 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. 104 of 2026, under Sections 137(2),
87, 65(2) of B.N.S. and Sections 5(j)(ii)/6 of POCSO Act, Police Station
Wazirganj, District Budaun, 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 the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that she
had left her home on her own free will and she had entered into matrimonial
alliance with the applicant with her free consent. It is further submitted that
the age of the victim has been found to be 18 years as per ossification test
and the age of the victim has been found to be 15 years as per certificate of
Class VII, however, there is no certificate of high school or certificate of
school first attended. It is further submitted that the medico legal report
does not support the allegation of commission rape on her. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 14.07.2026, in case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
BAIL No. 29930 of 2026
2
the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
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 after three months and the victim in her statement recorded
under Sections 180 and 183 BNSS has stated that she had left her home on
her own free will and she had entered into matrimonial alliance with the
applicant with her free consent. It is further submitted that the age of the
victim has been found to be 18 years as per ossification test and the age of
the victim has been found to be 15 years as per certificate of Class VII,
however, there is no certificate of high school or certificate of school first
attended. It is further submitted that the medico legal report does not
support the allegation of commission rape on her. It is further submitted
that the applicant is having no criminal history and the applicant has been
languishing in jail since 14.07.2026.
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- Avneesh 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. 29930 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.
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, Budaun 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 18, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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