Allahabad High Court
MOMEENversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Momeen, accused in Crime No. 115 of 2026 under sections of the B.N.S. and the POCSO Act for allegedly establishing a physical relationship with a minor by false promise of marriage, resulting in pregnancy. The applicant claimed the victim was a consenting adult of 19 years, while the prosecution established her age as 17 years and 4 months based on school records. The court noted the applicant's lack of prior criminal history, the overcrowding of jails, and recent Supreme Court and High Court precedents on bail. Weighing the evidence and the need to avoid unnecessary detention, the court decided to grant bail without expressing an opinion on the merits. The bail was conditioned on personal bond, sureties, and compliance with specific conduct requirements.
Issues considered
- Whether bail should be granted to an accused charged under the POCSO Act and other sections when the victim's age and consent are disputed.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether jail overcrowding and pendency of cases justify bail in this circumstance.
Legislation cited
Subjects
- bail
- POCSO Act
- minor
- consent
- age of victim
- jail overcrowding
- criminal procedure
- false promise of marriage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29964 of 2026
Momeen
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Singh Bais, Sandeep
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sandeep Kumar Srivastava, learned counsel for the
applicant and Shri Ashish Kumar Tripathi, 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. 115 of 2026, under Sections 64(2),
115(2), 352, 351(2) of B.N.S. and Section 5J(1)/6 of POCSO Act, Police
Station Mawana, District Meerut, 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 on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS, it
appears that she is a consenting party and she had entered into physical
relationship with the applicant on her free consent and she has become
pregnant. It is further submitted that the age of the victim as per her
statement is 19 years, whereas, the age of the victim has been found to be 17
years and 4 months as per school first attended. It is further submitted that
the applicant is having no criminal history and the applicant has been
languishing in jail since 05.06.2026, 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
BAIL No. 29964 of 2026
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and it has been submitted by him that the victim is a minor girl aged about
17 years and 4 months as per school first attended and the victim in her
statement recorded under Sections 180 and 183 BNSS has stated that the
applicant established physical relationship with her on the false promise
of marriage and she has become pregnant.
5. As per first information report, the applicant is said to have established
physical relationship with the victim on the false promise of marriage,
however, on perusal of the statement of the victim recorded under Sections
180 and 183 BNSS, it appears that she is a consenting party and she had
entered into physical relationship with the applicant on her free consent and
she has become pregnant. It is further submitted that the age of the victim as
per her statement is 19 years, whereas, the age of the victim has been found
to be 17 years and 4 months as per school first attended. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 05.06.2026.
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- Momeen 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
BAIL No. 29964 of 2026
3
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, Meerut 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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