Allahabad High Court
AADIL FARUQHIversusSTATE 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 by Aadil Faruqhi, who was arrested in connection with a case alleging sexual harassment of a minor girl under Sections 65(2) of the B.N.S., Sections 5(M)/6 of the POCSO Act and Sections 4/25 of the Arms Act. The applicant argued that he was falsely implicated, pointing out contradictions in the victim's statements recorded under Sections 180 and 183 of the B.N.S., the absence of a medico‑legal examination, and the fact that the victim never named him. The State opposed bail, emphasizing the victim's minority and the seriousness of the alleged offences. The Court, while noting the lack of incriminating material, the applicant's clean record, jail overcrowding, and recent Supreme Court precedents on bail, decided that the applicant was entitled to bail without expressing a view on the merits. Consequently, the bail application was allowed subject to standard conditions and verification of sureties.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual assault of a minor under the POCSO Act, Arms Act and B.N.S. provisions despite contradictions in the victim's statements.
- Whether the lack of medico‑legal examination and the absence of the accused’s name in the victim’s statement justify bail.
- Whether the principles laid down by the Supreme Court in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P. apply to this bail application.
Legislation cited
Subjects
- bail
- POCSO
- minor
- sexual assault
- contradictory statements
- jail overcrowding
- Supreme Court guidelines
- Arms Act
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29942 of 2026
Aadil Faruqhi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Anand Kumar Dubey, 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. 62 of 2026, under Sections 65(2) of
B.N.S. and Section 5(M)/6 of POCSO Act and Section 4/25 of Arms Act,
Police Station Gunnaur, District Sambhal, 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 the victim recorded under
Sections 180 and 183 BNSS and apart from that there is no evidence
against the applicant. It is further submitted that some dispute took place
between the first informant and the employer of the applicant and he took
side of his employer in the said dispute. It is further submitted that no
medico legal examination of the victim has been conducted and the victim
has not named the applicant and he has referred the person as some uncle.
It is further submitted that the applicant is having no criminal history and
the applicant has been languishing in jail since 09.04.2026, in case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
BAIL No. 29942 of 2026
2
the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that the victim is a minor girl aged about
5 years and 7 months.
5. As per first information report, the applicant is said to have sexually
harassed the victim girl aged about 6 years and she is said to have stated
the said incident to her uncle, however, there are material contradictions
in the statement of the victim recorded under Sections 180 and 183 BNSS
and she has not referred the applicant by name and she has stated in her
statement that some uncle committed the act alleged. It is further
submitted that some dispute took place between the first informant and
the employer of the applicant and he took side of his employer in the said
dispute. It is further submitted that no medico legal examination of the
victim has been conducted and the victim has not named the applicant and
he has referred the person as some uncle. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 09.04.2026.
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- Aadil Faruqhi 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:-
BAIL No. 29942 of 2026
3
(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 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, Sambhal 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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