Allahabad High Court
TIPU SULTANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Tipu Sultan, who is accused under Sections 62, 65(2) of the B.N.S. and Sections 5(m), 6 and 18 of the POCSO Act for alleged sexual offences against two minor girls. The applicant contended that he was falsely implicated, pointing to contradictions in the victims' statements, his clean criminal record and the fact that he had lodged complaints against the village Pradhan. The State opposed bail, emphasizing the seriousness of the alleged conduct and the applicant's position as a teacher at the school attended by the victims. Relying on Supreme Court precedents, the need to de‑congest prisons and the lack of decisive incriminating material, the Court granted bail without expressing an opinion on the merits. Bail was ordered on personal bond and two sureties, with conditions to prevent tampering with evidence, ensure cooperation with trial, and prohibit further criminal activity, and the order directed prompt release through the Bail Order Management System.
Issues considered
- Whether bail can be granted in a POCSO case involving alleged sexual offences against minors
- Whether contradictions in victim statements and claim of false implication justify bail
- Whether the applicant's clean record and jail overcrowding affect the bail decision
- Application of Supreme Court precedents on bail to the present facts
Legislation cited
Subjects
- bail
- POCSO
- minor victims
- false implication
- contradictory statements
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29936 of 2026
Tipu Sultan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar, Syed Naushad Husain
Shah
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rajesh Kumar, learned counsel for the applicant and Shri
O.P. Singh, 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. 120 of 2026, under Sections 62, 65(2)
of B.N.S. and Sections 5(m)/6/18 of POCSO Act, Police Station Kone,
District Sonebhadra, 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 there are
material contradictions in the statement of both the victims recorded
under Sections 180 and 183 BNSS. It is further submitted that as per first
information report, the age of the victims have been found to be 9 years
and 6 years, however, as per statement of the headmaster of the school,
the age of the victims have been found to be 7 years and 5 years. It is
further submitted that the applicant has been falsely implicated in this
case as the the applicant had lodged certain complaints against the
Pradhan of the village. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 05.07.2026, in case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.
BAIL No. 29936 of 2026
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4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that as per statement of the headmaster
of the school, the age of the victims have been found to be 7 years and 5
years and the applicant is the teacher of the said school.
5. As per first information report, the applicant is said to have asked the
victims aged about 7 years and 5 years to perform oral sex on him,
however, there are material contradictions in the statement of both the
victims recorded under Sections 180 and 183 BNSS. As per first
information report, the age of the victims have been found to be 9 years
and 6 years, however, as per statement of the headmaster of the school,
the age of the victims have been found to be 7 years and 5 years. It is
further submitted that the applicant has been falsely implicated in this
case as the the applicant had lodged certain complaints against the
Pradhan of the village. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 05.07.2026.
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- Tipu Sultan 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. 29936 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, Sonbhadra 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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