Allahabad High Court
FARMANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
On a prima facie basis, the applicant is entitled to bail.
Summary
The applicant, Farman, filed a bail application in a criminal case (Crime No. 73 of 2025) involving alleged offences under Sections 137(2), 87, 64(1) of the BNS Act, Sections 3 and 4 of the POCSO Act, and Section 3(2)(V) of the SC/ST Act. The victim, who is reported to be slightly below the age of majority, alleged that she stayed with the applicant at a hotel in Delhi, but no medical evidence was produced to corroborate the allegations. The court examined the victim's statement recorded under Section 183 of the BNSS Act and found it to be prima facie. Without passing on the merits, the court concluded that the applicant had made out a case for bail on a prima facie basis. Consequently, the bail application was allowed, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case involving alleged offences under the BNS Act, POCSO Act, and SC/ST Act during the pendency of trial.
- Whether the prima facie evidence, including the victim's statement and lack of medical corroboration, suffices to justify bail.
- Whether the conditions imposed on bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- SC/ST Act
- minor victim
- prima facie
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30216 of 2025
Farman
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anwar Hussain
Counsel for Opposite Party(s) : G.A., Nitesh Kumar Pandey, Puneet
Kumar Shukla
Court No. - 65
(Sl. No. 130 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 20.08.2026 but none is present on behalf of
the informant.
2. Heard Sri Anwar Hussain, learned counsel for the applicant and Sri
Sunil Kumar, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 73 of 2025, under Sections
137(2), 87, 64(1) of BNS, Sections 3/4 of POCSO Act and Section
3(2)(V) of SC/ST Act, Police Station - Hazratnagar Garhi, District -
Sambhal, during the pendency of trial.
4. Having heard the learned counsel for the parties and upon perusal of
the record, this Court finds that the statement of the victim recorded under
Section 183 of BNSS prima facie indicates that she was slightly below the
age of majority and had accompanied the applicant and stayed with him at
a hotel in Delhi. Furthermore, there is no medical evidence on record to
corroborate the alleged incident.
5. Without expressing any opinion on the merits of the case, prima facie
the Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
BAIL No. 30216 of 2025
2
6. Let the applicant- Farman, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 2, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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