Allahabad High Court
TAUFIQversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Taufiq, who was arrested in Crime No. 180 of 2025 under Sections 87 and 64(1) of the BNS Act, Sections 5/6 of the POCSO Act and Section 3(2)5 of the SC/ST Act. The applicant claimed he was falsely implicated, stating that the victim, now 19 years old and pregnant, voluntarily left her home and entered into a matrimonial alliance with him, and that he has no prior criminal record. The State opposed bail, citing the seriousness of the offences. The Court, taking into account the facts, the lack of prior history, the overcrowding of jails, and the Supreme Court’s recent guidelines in Kapil Wadhawan v CBI and Maya Tiwari v State of U.P., decided that bail could be granted without expressing a view on the merits. The bail was ordered with a personal bond, two sureties and several conditions, including non‑tampering with evidence and cooperation with the trial. The order also directed verification of identity documents and prompt transmission of the release order through the Bail Order Management System.
Issues considered
- The applicability of bail provisions to offences under the POCSO Act, SC/ST Act and BNS Act when the accused alleges false implication and has no prior criminal record.
- Whether the Supreme Court’s recent guidelines on bail in serious offences mandate the grant of bail in the present case.
Legislation cited
Subjects
- bail
- POCSO Act
- SC/ST Act
- false implication
- overcrowded jails
- Supreme Court guidelines
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31030 of 2026
Taufiq
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Maan Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Maan Singh, learned counsel for the applicant and Sri
Radhey Shyam, 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. 180 of 2025, under Sections 87, 64(1)
of BNS and Section 5/6 of POCSO Act and Section 3(2)5 of SC/ST Act,
Police Station Mataundh, District Banda during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that
she had left her home on her free will and she had entered into
matrimonial alliance with the applicant with her free consent. It is further
submitted that the age of the victim has been found to be 19 years as per
her radio-logical examination as well as as per certificate given by the
Headmaster of the school, however, there is no High School certificate or
the certificate of school first attended. It is further submitted that the
victim is pregnant of three months as per her statement. It is also
submitted that the applicant has been languishing in jail since 29.12.2025
and he is having no criminal history. It is lastly submitted that in case the
applicant is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
BAIL No. 31030 of 2026
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5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
6. FIR has been lodged against unknown and as per the allegation in the
FIR, the daughter of the first informant aged about 17 years went missing,
however, the victim has been recovered and the victim in her statement
recorded under Sections 180 and 183 BNSS has stated that she had left
her home on her free will and she had entered into matrimonial alliance
with the applicant with her free consent. The age of the victim has been
found to be 19 years as per her radio-logical examination as well as as
per certificate given by the Headmaster of the school, however, there is no
High School certificate or the certificate of school first attended. The
victim has been found pregnant of three months as per her statement. The
applicant has been languishing in jail since 29.12.2025 and he is having
no criminal history.
7. 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Taufiq 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
officer or tamper with the evidence.
BAIL No. 31030 of 2026
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(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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent 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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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