Allahabad High Court
FARMANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant.
Summary
Farman applied for bail in a criminal case (Crime No. 232 of 2026) charged under Sections 137(2), 98, 75 of the B.N.S. and Sections 7/8 of the POCSO Act, registered at Police Station Tronica City, Ghaziabad. The State argued for continued custody, but the applicant’s counsel highlighted that no allegation of sexual assault was made against him and that no test identification parade was conducted as required under Section 7 of the Bharatiya Sakshya Adhiniyam. The court examined the material on record, the submissions of counsel, and the absence of a formal identification process. Finding that the applicant had made out a prima facie case for bail and without expressing any view on the merits, the court granted bail subject to a personal bond and two sureties, with conditions to not tamper with evidence or intimidate witnesses. The bail order emphasized that any breach of conditions would lead to cancellation and that the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 98, 75 B.N.S. and Sections 7/8 of the POCSO Act in the absence of a sexual assault allegation.
- Whether the failure to conduct a test identification parade under Section 7 of the Bharatiya Sakshya Adhiniyam warrants bail.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO Act
- identification parade
- evidence tampering
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31655 of 2026
Farman
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Nikil Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.15 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that the notice to the
informant has been served on 02.09.2026.
2. Heard Sri Nikil Pathak, 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.232 of 2026, under Sections 137(2), 98, 75
B.N.S. and Section 7/8 P.O.C.S.O. Act, Police Station Tronica City, District
Ghaziabad, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration the
fact that there was no allegation of sexual assault against the applicant and no test
identification parade was conducted as per Section 7 of the Bharatiya Sakshya
Adhiniyam, 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. Accordingly,
the bail application is allowed.
5. Let the applicant- Farman, 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.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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