Allahabad High Court
SUGREEMversusSTATE 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 Sugreem, accused under Section 64(1) of the BNSS and Sections 3 and 4 of the POCSO Act for an alleged rape of a minor aged 16-17 years. The applicant contended that he was falsely implicated, there was no incriminating material, and he had no prior criminal record, having been in custody since 7 July 2026. The prosecution highlighted the seriousness of the offence involving a minor and the victim's statement alleging rape, despite the FIR not initially mentioning rape. Relying on precedents concerning bail in serious offences, jail overcrowding, and the need to balance the rights of the accused with the interests of justice, the court granted bail without commenting on the merits. The order directed the applicant to furnish a bond with two sureties, comply with several conditions, and mandated verification of identity and prompt release through the Bail Order Management System.
Issues considered
- Whether bail can be granted in a POCSO case where the FIR does not allege rape but the victim later alleges it.
- Whether the applicant's lack of prior criminal history and the circumstances of jail overcrowding justify bail despite the seriousness of the alleged offence.
- Whether procedural safeguards and bond conditions are sufficient to mitigate the risk of tampering with evidence or further offences.
Legislation cited
Subjects
- bail
- POCSO
- minor victim
- false implication
- jail overcrowding
- bond conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30783 of 2026
Sugreem
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh, Sandeep Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Amit Kumar Singh, learned counsel for the applicant,
Sudeep Mohan Mishra, holding brief of Shri Sandeep Kumar Srivastava,
learned counsel for the first informant and Shri B.P. Maurya, learned
A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 151 of 2026, under Sections 64(1) of
B.N.S. and Section 3/4 of POCSO Act, Police Station Walterganj, District
Basti, 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 is no
allegation of rape in the first information report as well as in the statement
of the victim recorded under Section 180 of BNSS and the victim in her
statement recorded under Section 183 BNSS for the first time has stated
that the applicant committed rape on her and the victim has refused to
undergo internal medico legal examination. It is further submitted that the
age of the victim has been found to be 16-17 years as per radio-logical
examination and there is no educational records regarding age of the
victim. It is further submitted that the applicant is having no criminal
history and the applicant has been languishing in jail since 07.07.2026, in
case, he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
BAIL No. 30783 of 2026
2
4. Per contra, learned counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail and it has been submitted by
them that the victim is a minor girl aged about 16-17 years as per radio-
logical examination.
5. As per first information report, there is no allegation of rape in the first
information report as well as in the statement of the victim recorded under
Section 180 of BNSS and the victim in her statement recorded under
Section 183 BNSS for the first time has stated that the applicant
committed rape on her and the victim has refused to undergo internal
medico legal examination. It is further submitted that the age of the victim
has been found to be 16-17 years as per radio-logical examination and
there is no educational records regarding age of the victim. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 07.07.2026.
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- Sugreem 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
BAIL No. 30783 of 2026
3
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, Basti 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 24, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…