Allahabad High Court
ANURAG TOMARversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Anurag Tomar, who was arrested in a POCSO case (Crime No.167 of 2026) alleging aggravated sexual assault. The applicant contended that he was falsely implicated, highlighted a 25‑day delay in filing the FIR, and noted that both alleged victims denied any assault. The State and the informant opposed bail, but the court observed the lack of corroborative evidence and the victims' denials. Noting the inordinate FIR delay and the applicant’s clean record, the court found a prima facie case for bail. Consequently, the court ordered his release on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused in a POCSO case given the delay in filing the FIR and the victims' denial of assault
- Whether the applicant meets the criteria for bail under the relevant provisions of the IPC and POCSO Act
Legislation cited
- Indian Penal Code — s. 351(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5(A)(iv), 5M, 6
Subjects
- bail
- POCSO
- delay in FIR
- false implication
- sexual assault
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31492 of 2026
Anurag Tomar
.....Applicant(s)
Versus
State Of Up And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Veerendra Singh
Counsel for Opposite Party(s) : Anil Kumar, G.A.
Court No. - 68
(Sr. No.24 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Saksham Srivastava, Advocate holding brief of Sri Veerendra
Singh, learned counsel for the applicant, Sri Anil Kumar, learned counsel for
the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the
State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.167 of 2026, under Sections
351(2) BNS and Sections 5(A)(iv), 5M, 6 POCSO Act, Police Station Rahra,
District Amroha, 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
FIR is delayed by about 25 days and there is no explanation of the said delay
caused. The allegations of unnatural offence do not find corroboration by
any evidence whatsoever. Even the two victims have categorically denied
being subjected to any kind of aggravated sexual assault by the applicant.
The applicant is the victim of internal official rivalry among the police men.
The applicant has no criminal history and is in jail since 17.7.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. and learned counsel for the informant have vehemently
opposed the bail application but the submissions raised by the learned
counsel for the applicant could not be disputed.
BAIL No. 31492 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 inordinate delay in institution of FIR coupled with the fact
that the victims have denied being subjected to any kind of aggravated
sexual assault by 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- Anurag Tomar, 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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