Allahabad High Court
GOLUversusSTATE 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 Golu, who was arrested in connection with offences under Sections 137(2), 87, 65(1) of the B.N.S. Act and Sections 3 and 4 of the POCSO Act. The applicant claimed he was falsely implicated, asserted no criminal history, and highlighted a dispute over the victim's age – a school leaving certificate suggested she was 15, while an ossification test indicated she was 18‑20, and she refused a medico‑legal examination. The State opposed bail, emphasizing the alleged minor status of the victim and the seriousness of the charges. The Court, referring to Supreme Court precedents in Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the policy on bail from the 2021 Suo Motu writ, noted the need to balance the presumption of innocence with jail overcrowding and trial pendency. Without expressing a view on the merits, the Court held that the applicant was entitled to bail, subject to strict conditions and verification of identity and sureties.
Issues considered
- Whether bail should be granted to an accused in a POCSO and B.N.S. case where the victim's age is disputed and the accused claims false implication.
- Whether the statutory provisions and Supreme Court guidelines on bail override the seriousness of the alleged sexual offence.
Legislation cited
Subjects
- bail
- POCSO
- sexual offence
- age determination
- overcrowded prisons
- Supreme Court bail guidelines
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31612 of 2026
Golu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Maiku Lal Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Vikas Rastogi, holding brief of Shri M.L. Maurya, learned counsel for
the applicant and Shri Ashish Kumar Tripathi, 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 through whats-app and she has also been informed on
mobile phone.
2. The instant bail application has been filed with a prayer to release the applicant on
bail in Case Crime No. 77 of 2026, under Sections 137(2), 87, 65(1) of B.N.S. and
Section 3/4 of POCSO Act, Police Station Charwa, District Kaushambi, 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 victim is a major girl and the age of the victim has been
found to be 18-20 years as per ossification test. It is further submitted that the victim
in her statement recorded under Sections 180 and 183 BNSS has stated that she had
left her home on her own free will and she had gone to Gujrat along with the
applicant, where she lived with the applicant and physical relationship was established
between them. It is further submitted that the age of the victim has been found to be
15 years as per school leaving certificate of Class VIII, however, there is no certificate
of high school or certificate of school first attended and no radio-logical examination
has been conducted for her age determination. It is further submitted that the victim
has refused to undergo medico legal examination. It is further submitted that the
applicant is having no criminal history and the applicant has been languishing in jail
since 16.05.2026, in case, he is granted 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 him that the victim is a minor girl aged about 15 yeas as per school
leaving certificate of Class VIII and the age of the victim has been found to be 18-20
BAIL No. 31612 of 2026
2
years as per ossification test.
5. As per first information report, the applicant is said to have enticed away the
daughter of the first informant, 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 own free will and she had gone to Gujrat along with the
applicant, where she lived with the applicant and physical relationship was established
between them. It is further submitted that the victim is a major girl and the age of the
victim has been found to be 18-20 years as per ossification test and the age of the
victim has been found to be 15 years as per school leaving certificate of Class VIII,
however, there is no certificate of high school or certificate of school first attended
and no radio-logical examination has been conducted for her age determination. It is
further submitted that the victim has refused to undergo medico legal examination. It
is further submitted that the applicant is having no criminal history and the applicant
has been languishing in jail since 16.05.2026.
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- Golu 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.
(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.
BAIL No. 31612 of 2026
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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, Kaushambi 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 30, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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