Allahabad High Court
SALMANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
Salman was arrested in a case under Sections 87, 137(2), 64(1) of the B.N.S. and Sections 3 and 4 of the POCSO Act for allegedly enticing a minor. The victim’s statements indicated she left home voluntarily and lived with the accused, and there was no medical or radiological evidence to confirm her age, though school records suggested she was 17. Salman contended he was falsely implicated, had no prior criminal record, and had been in custody since 13 July 2026. The State opposed bail, citing the seriousness of the alleged offence. Considering the lack of incriminating material, the applicant’s clean record, jail overcrowding, and precedents on bail, the court granted bail with strict conditions. The order directed verification of identities, bond execution, and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused in a POCSO case where the victim’s age and consent are disputed.
- Whether the lack of medical evidence and the accused’s clean record justify bail despite the seriousness of the alleged offence.
Legislation cited
Subjects
- bail
- POCSO
- minor
- false implication
- jail overcrowding
- conditions of bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31623 of 2026
Salman
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Farid Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Farid Ahmad, learned counsel for the applicant and Shri
B.P. Maurya, 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.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 345 of 2026, under Sections 87,
137(2), 64(1) of B.N.S. and Section 3/4 of POCSO Act, Police Station
Behjoi, District Sambhal, 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 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 Calcutta and
Orissa along with the applicant, where she lived with him as a married
couple and the victim has refused to undergo medico legal examination and
no radio-logical examination has been conducted for her age determination.
It is further submitted that the age of the victim has been found to be 17
years as per school records of Class IV, however, there is no certificate of
high school or certificate of school first attended and her medico legal report
does not support the allegation of commission of rape on her. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 13.07.2026, in case, he is
BAIL No. 31623 of 2026
2
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.
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 Calcutta and Orissa along with the applicant, where she lived
with him as a married couple and the victim has refused to undergo medico
legal examination and no radio-logical examination has been conducted for
her age determination. It is further submitted that the age of the victim has
been found to be 17 years as per school records of Class IV, however, there
is no certificate of high school or certificate of school first attended and her
medico legal report does not support the allegation of commission of rape on
her. It is further submitted that the applicant is having no criminal history
and the applicant has been languishing in jail since 13.07.2026.
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- Salman 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:-
BAIL No. 31623 of 2026
3
(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.
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, Sambhal 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 30, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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