Allahabad High Court
SACHINversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court of Allahabad considered a bail application filed by Sachin, who was charged under Sections 137(2) and 65(1) of the B.N.S. and Section 3/4(2) of the POCSO Act for alleged rape of a minor. The applicant argued that he was falsely implicated, pointing to contradictory statements by the victim—one indicating a consensual relationship and another alleging rape—and the lack of a proper age‑determination report. The State opposed bail, emphasizing the victim’s minor status and the seriousness of the offence. After weighing the contradictions, the applicant’s clean record, the overcrowding of jails, and precedents on bail jurisprudence, the court decided that bail could be granted without commenting on the merits. The bail was ordered on personal bond with two sureties and specific conditions, and the order was to be communicated to the jail through the Bail Order Management System.
Issues considered
- Whether bail should be granted in a POCSO case involving a minor victim despite contradictory statements.
- Whether the lack of a radiological age‑determination report affects the bail decision.
- Whether the applicant’s clean criminal record and jail overcrowding justify bail.
Legislation cited
Subjects
- bail
- POCSO
- minor victim
- contradictory statements
- age determination
- criminal procedure
- overcrowded jails
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29963 of 2026
Sachin
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Zakir
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mohammad Zakir, 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. 87 of 2026, under Sections 137(2),
65(1) of B.N.S. and Section 3/4(2) of POCSO Act, Police Station Syana,
District Bulandshahr, 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 as the victim in her statement recorded under
Section 180 BNSS has stated that she had left her home on her own free
will and she was in contact with the applicant and lived with him as a
married couple and physical relationship was established between them
by mutual consent, whereas, the victim in her statement recorded under
Section 183 BNSS has stated that the applicant took her away in a vehicle
and committed rape on her. It is further submitted that the age of the
victim has been found to be 13 years and 4 months as per school records
of Class VII, however, there is no certificate of high school or certificate
of school first attended and no radio-logical examination has been
BAIL No. 29963 of 2026
2
conducted for her age determination. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 17.04.2026, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in 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
13 years as per school records of Class VII and the victim in her statement
recorded under Sections 180 and 183 BNSS has stated that the applicant
committed rape on her.
5. As per first information report, the applicant is said to have enticed
away the daughter of the first informant aged about 14 years, however,
the victim has been recovered and there are material contradictions in the
statement of the victim recorded under Sections 180 and 183 BNSS as the
victim in her statement recorded under Section 180 BNSS has stated that
she had left her home on her own free will and she was in contact with the
applicant and lived with him as a married couple and physical relationship
was established between them by mutual consent, whereas, the victim in
her statement recorded under Section 183 BNSS has stated that the
applicant took her away in a vehicle and committed rape on her. It is
further submitted that the age of the victim has been found to be 13 years
and 4 months as per school records of Class VII, however, there is no
certificate of high school or certificate of school first attended and no
radio-logical examination has been conducted for her age determination.
It is further submitted that the applicant is having no criminal history and
the applicant has been languishing in jail since 17.04.2026.
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
BAIL No. 29963 of 2026
3
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- Sachin 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 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, Bulandshahr via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
BAIL No. 29963 of 2026
4
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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