Allahabad High Court

SACHINversusSTATE OF UP AND 3 OTHERS

Decided: 18 March 2026
Bench: GAUTAM CHOWDHARY

Holding

The court granted bail to the applicant, subject to specified conditions.

Summary

Sachin, the applicant, was arrested in connection with Crime No.98 of 2025 and has been in custody since 27 May 2025. He faces charges under sections 331(6), 351(2), 115(2), 70(2) of the B.N.S. and sections 5G/6 of the POCSO Act. The applicant contended that the informant’s and victim’s statements recorded during trial do not support the prosecution’s case, asserting his innocence and willingness to cooperate with the court. The State opposed bail, arguing that the applicant’s innocence could not be determined at this stage. After considering the submissions, the court found that the applicant had made out a case for bail and granted it subject to strict conditions, including non‑tampering with evidence and non‑intimidation of witnesses.

Issues considered

Whether bail should be granted to the accused despite the seriousness of the offences under the B.N.S. and POCSO Act.
Whether the applicant’s claim of innocence and the lack of corroborative statements from the informant and victim justify bail.
What conditions, if any, should be imposed on the bail to safeguard the trial process.

Legislation cited

B.N.S. — s. 115(2), 331(6), 351(2), 70(2)
POCSO Act — s. 5G, 6

Subjects

bail
criminal procedure
presumption of innocence
POCSO Act
evidence tampering
witness intimidation
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30247 of 2025

Sachin
.....Applicant(s)
Versus

State Of Up And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Pankaj Sharma, Prashant
Sharma
Counsel for Opposite Party(s) : G.A., Sanjay Ojha

Court No. - 65
HON'BLE DR. GAUTAM CHOWDHARY, J.

1. List revised. Office vide its report dated 02.11.2025 has
reported that notice issued to the first informant of the case has
been served, whereas notice upon the Child Welfare
Committee, Moradabad has been served through member,
inspite of service of notice, none appears either for the
informant or Child Welfare Committee as well as for the High
Court Legal Services.

2. Heard learned counsel for the applicant,learned A.G.A for
the State and perused the record.

3. It has been argued by learned counsel for the applicant that
the applicant is innocent and has been falsely implicated in the
present case. Learned counsel further submits that by the efflux
of time, trial began and during the trial, the statement of P.W.1-
informant, P.W. 2-victim were recorded and they have not
supported the prosecution version, copy of which statements
are annexed as Annexure-SA1 and SA2 to the supplementary
affidavit, which has been filed today in the Court and is taken
on record. He thus submits that no offence against the applicant
is made out. Several other submissions in order to demonstrate
the falsity of the allegations made against the applicant have
also been placed before the Court. The circumstances which,
according to the counsel, led to the false implication of the
BAIL No. 30247 of 2025
2

accused have also been mentioned. It has also been assured on
behalf of the applicant that he is ready to cooperate with the
process of law and shall faithfully make himself available
before the court whenever required and is also ready to accept
all the conditions which the Court may deem fit to impose
upon him. He next submits that applicant is languishing in jail
since 27.05.2025.

4. Per contra, learned A.G.A. opposed the prayer for bail of the
applicant by contending that the innocence of the applicant
cannot be adjudged at this stage, therefore, he does not deserve
any indulgence.

5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of
evidence, and all attending facts and circumstances of the case,
without expressing any opinion on merits of the case, this
Court is of the view that the applicant has made out a case for
bail. Hence the bail application is allowed.

6. Let applicant Sachin involved in Case Crime No.98 of 2025
under Sections331(6), 351(2), 115(2), 70(2) of B.N.S., Section
5G/6 of POCSO Act, Police Station Chhajlait, District
Moradabad, be released on bail on furnishing a personal bond
and two heavy local sureties each of the like amount to the
satisfaction of the court concerned subject to the following
conditions:-

A. The applicant shall not tamper with the evidence during the
trial.

B. The applicant shall not pressurize/ intimidate the
prosecution witness.

C. The applicant shall appear before the trial court on the date
fixed, unless personal presence is exempted.

D. The applicant shall not commit an offence similar to the
offence of which he is an accused, or suspected, of the
commission of he is suspected.
BAIL No. 30247 of 2025
3

E. 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 them from disclosing
such facts to the Court or to any police officer or tamper with
the evidence.

7. In case of breach of any of the above condition, the trial
Court shall be at liberty to cancel the bail of the applicant in
accordance with law.

(Dr. Gautam Chowdhary,J.)
March 19, 2026
S.Ali

Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad

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