Allahabad High Court
JAHAGIRversusSTATE 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 Jahagir, who was arrested in a case under Sections 137(2), 87 and 64(1) of the BNS Act and Sections 5(j)(ii) and 6 of the POCSO Act for alleged sexual intercourse with a 16‑year‑old girl who later claimed pregnancy. The FIR was lodged five days after the alleged incident and the victim refused a medical examination. The applicant argued that he was falsely implicated, had no prior criminal record and had been in custody since 13 June 2026. The State opposed bail, emphasizing the seriousness of the offence. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v U.P., and the 2023 policy on bail) and the need to de‑congest prisons, the Court granted bail with strict conditions. The order directed verification of identities, issuance of a bond, and prompt communication to the jail through the Bail Order Management System.
Issues considered
- Whether bail should be granted in a POCSO case involving a minor despite the seriousness of the alleged offence.
- Whether the five‑day delay in lodging the FIR and the victim’s refusal to undergo a medical examination affect the bail decision.
- Whether the applicant’s lack of criminal history and the state of jail overcrowding justify the grant of bail.
Legislation cited
- BNS Act — s. 137(2), 64(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5(j)(ii), 6
Subjects
- bail
- POCSO
- minor
- sexual assault
- delay in FIR
- jail overcrowding
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31761 of 2026
Jahagir
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jagdish Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Jagdish Singh, learned counsel for the applicant and Sri J.P.
Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 0136 of 2026, under Sections 137(2),
87, 64(1) of BNS and Section 5(j) (ii)/6 of POCSO Act, Police Station
Rampur Karkhana, District Deoria, during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and FIR has been
lodged after a delay of five days and the victim in her statement recorded
under Sections 180 and 183 BNSS has stated that she had left her home
on her free will and the applicant established physical relationship with
her on her consent. It is further submitted that the age of the victim has
been found to be 16 years and 08 months as per her certificate of High
School. It is further submitted that she has refused to undergo medico-
legal examiantion, however, as per her statement she has been found to be
pregnant. It is also submitted that the applicant has been languishing in
jail since 13.6.2026 and he is having no criminal history. It is lastly
submitted that in case the applicant is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
BAIL No. 31761 of 2026
2
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
6. FIR has been lodged after a delay of five days and as per the allegation
in the FIR, 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 free will and the applicant established
physical relationship with her on her consent. The age of the victim has
been found to be 16 years and 08 months as per her certificate of High
School and the victim has refused to undergo medico-legal examination,
however, as per her statement she has been found to be pregnant. The
applicant has been languishing in jail since 13.6.2026 and he is having no
criminal history.
7. 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Jahagir 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.
BAIL No. 31761 of 2026
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(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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent 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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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