Allahabad High Court
PRADUMN @ SHAMSHIR KHAN @ SHAMSHIR ALAMversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail subject to conditions.
Summary
The High Court considered a bail application filed by Pradumn @ Shamshir Khan @ Shamshir Alam in criminal case No. 0103 of 2026, which alleged offences under several sections of the BNS and the POCSO Act involving a minor girl aged 13 years. The applicant claimed false implication, highlighted contradictions in the victim's statements, and noted that the victim refused a medico‑legal examination, while also emphasizing his lack of prior criminal history and prolonged pre‑trial detention since 16 July 2026. The State opposed bail, stressing the seriousness of the alleged offences against a minor. The Court examined the facts, the nature of the charges, and the prevailing guidelines on bail, including Supreme Court pronouncements in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., as well as the policy on bail issuance. Balancing the interests of justice, jail overcrowding, and the applicant's right to liberty, the Court held that bail could be granted without expressing an opinion on the merits. Accordingly, the bail application was allowed subject to a personal bond, sureties, and strict conditions to prevent tampering with evidence or further offences. The order also directed procedural steps for verification of identity and prompt release through the Bail Order Management System.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail for an accused charged under the POCSO Act and other serious offences involving a minor?
- Do the contradictions in the victim's statements and her refusal to undergo a medico‑legal examination affect the bail eligibility of the accused?
- Should considerations such as jail overcrowding and Supreme Court bail guidelines influence the decision to grant bail in this case?
Legislation cited
Subjects
- bail
- POCSO Act
- minor victim
- contradictory statements
- jail overcrowding
- Supreme Court bail guidelines
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31768 of 2026
Pradumn @ Shamshir Khan @ Shamshir Alam
.....Applicant(s)
Versus
State Of Up And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Kamar Shah Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mohd. Kamar Shah Alam, 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. 0103 of 2026, under Sections 137(2),
87, 352, 351(3), 65(1) of BNS and Section 3/4 of POCSO Act, Police
Station Khiri, District Prayagraj, 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 there are
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS and she has stated before the doctor that she
had left her home on her free will and she was in friendship with the
applicant. It is further submitted that the age of the victim has been found
to be 13 years and 01 month as per school first attended. It is further
submitted that the victim has refused to undergo medico-legal
examination. It is also submitted that the applicant has been languishing
in jail since 16.7.2026 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.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail,
BAIL No. 31768 of 2026
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however, it is submitted that the the victim is a minor girl aged about 13
years and 01 month as per school first attended.
6. As per the allegation in the FIR, the applicant is said to have enticed
away the daughter of the first informant aged about 14 years, however,
the victim has been recovered and there appears to be material
contradictions in the statement of the victim recorded under Sections 180
and 183 BNSS and she has stated before the doctor that she had left her
home on her free will and she was in friendship with the applicant. The
age of the victim has been found to be 13 years and 01 month as per
school first attended though her age has been mentioned 14 years in the
FIR. The victim has refused to undergo medico-legal examination. It is
also submitted that the applicant has been languishing in jail since
16.7.2026 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- Pradumn @ Shamshir Khan @ Shamshir Alam
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. 31768 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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