Allahabad High Court
SOHIL KHANversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail as the allegations appear unsubstantiated and no incriminating photographs were found.
Summary
The applicant, Sohil Khan, sought bail in a criminal case involving charges under sections of the IPC, the POCSO Act and the IT Act. He claimed innocence, stating that no indecent photographs were recovered and that the allegations were false. The State opposed bail but could not refute the applicant's contentions. The court examined the record, noted the absence of incriminating material, and concluded that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the charges.
- Whether the absence of incriminating photographs establishes a prima facie case for bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 115(2), 351(2), 352
- Information Technology Act — s. 66E
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- bail
- criminal procedure
- IPC
- POCSO Act
- IT Act
- prima facie
- sureties
- evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31431 of 2026
Sohil Khan
.....Applicant(s)
Versus
State Of Up And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.10 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that notice
to the informant has been served on 7.8.2026.
2. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.165 of 2026, under Sections 352,
115(2), 351(2), 74 BNS, Section 7/8 POCSO Act and Section 66E of I.T.
Act, Police Station Partapur, District Meerut, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations levelled against him are per se false and baseless. It is submitted
that the applicant neither misused his clout nor blackmailed the victim with a
threat to make any indecent photographs viral on social media. It is further
submitted that no indecent photographs or any other incriminating
photographs have been recovered from the possession of the applicant. The
applicant has no criminal history and is in jail since 22.3.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
BAIL No. 31431 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that no indecent photographs or any other
incriminating photographs have been recovered from the possession of the
applicant, and 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. The bail application is allowed.
7. Let the applicant- Sohil Khan, be released on bail in the aforementioned
case crime 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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