Allahabad High Court

SACHINversusSTATE OF U.P. AND 3 OTHERS

Decided: 22 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court held that the applicant is entitled to be released on bail.

Summary

The Allahabad High Court considered a bail application filed by Sachin, accused of alleged gang rape of a girl aged about 14‑15 years under Sections 352, 351(2), 76, 70(2) of the B.N.S. and Sections 5(g) and 6 of the POCSO Act. The applicant claimed false implication, lack of incriminating material, delay in filing the FIR, and argued the victim was possibly a major. The State opposed bail, citing the victim's statement and medical findings of a torn hymen. Referring to Supreme Court precedents on bail, the court noted the need to address overcrowded jails and the presumption of innocence, and without commenting on the merits, granted bail with strict conditions. The order directed verification of identities, issuance of the bail order through the Bail Order Management System, and compliance with procedural directives from the Apex Court.

Issues considered

Whether bail should be granted in a serious offence of alleged gang rape of a minor under the POCSO Act and related statutes.
Whether the delay in lodging the FIR and alleged lack of incriminating evidence justify bail.
Whether the age of the alleged victim (minor versus adult) affects the bail decision.
How Supreme Court precedents on bail in serious crimes apply to the present case.

Legislation cited

B.N.S. — s. 351(2), 352, 70(2), 76
Protection of Children from Sexual Offences (POCSO) Act — s. 5(g), 6

Subjects

bail
POCSO Act
gang rape
minor victim
FIR delay
Supreme Court precedent
overcrowded jails
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30670 of 2026

Sachin
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Ashutosh Kumar Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Ashutosh Kumar Mishra, learned counsel for the applicant and
Shri J.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. 203 of 2026, under Sections 352,
351(2), 76, 70(2) of B.N.S. and Section 5(g)/6 of POCSO Act, Police Station
Lodha, District Aligarh, 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 the first information report
has been lodged after delay of one month and there is no injury on the
private parts of the victim and the victim is aged about 14-15 years as per
ossification test and benefit of two years can be given on higher side then the
victim is major. It is further submitted that the age of the victim has been
found to be 15 years as per school records of Class VI, however, there is no
certificate of high school or certificate of school first attended. It is further
submitted that there are material contradictions in the contents of the first
information report as well as in the statement of the first informant regarding
the alleged photos and videos and no photos or videos were recovered during
investigation and the charge sheet in this case has already been submitted. It
is further submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 08.06.2026, in case, he is granted
BAIL No. 30670 of 2026
2

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 them that the victim is a minor girl and the
victim in her statement recorded under Sections 180 and 183 BNSS has
stated that the applicant and two other co-accused committed gang rape on
her and her hymen has been found old torn.

5. The first information report has been lodged after delay of one month
alleging therein that the applicant and two other co-accused committed gang
rape on the victim aged about 14 years and there is no injury on the private
parts of the victim and the victim is aged about 14-15 years as per
ossification test and benefit of two years can be given on higher side then the
victim is major. It is further submitted that the age of the victim has been
found to be 15 years as per school records of Class VI, however, there is no
certificate of high school or certificate of school first attended. It is further
submitted that there are material contradictions in the contents of the first
information report as well as in the statement of the first informant regarding
the alleged photos and videos and no photos or videos were recovered during
investigation and the charge sheet in this case has already been submitted. It
is further submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 08.06.2026.

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- 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
BAIL No. 30670 of 2026
3

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, Aligarh 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.

September 23, 2026
RKM
(Jitendra Kumar Sinha,J.)

Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad

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