Allahabad High Court
DILIPversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail subject to conditions.
Summary
The High Court considered a bail application filed by Dilip, who was arrested in a case under Sections 87, 137(2), 65(1) of the BNS Act and Sections 4(2), 5(1) and 6 of the POCSO Act for allegedly enticing two minor girls away. The applicant claimed he was falsely implicated, asserted that one victim voluntarily left home and married him, and highlighted the lack of proper age verification and his clean criminal record. The State opposed bail, emphasizing the seriousness of the alleged offences involving minors. The Court, taking note of the facts, the applicant’s lack of prior record, the bail already granted to a co‑accused, and the need to de‑congest prisons, referred to the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari. Without expressing a view on the merits, the Court held that the applicant was entitled to bail and ordered his release on personal bond with strict conditions. The bail order was issued with directions for verification of identity and prompt transmission to the jail.
Issues considered
- Whether bail should be granted to an accused charged under the POCSO Act and BNS provisions despite the alleged involvement of minor victims
- Whether the lack of proper age verification and the victim’s statement of free consent affect the bail decision
- Whether the applicant’s clean criminal record and jail overcrowding justify bail
Legislation cited
Subjects
- bail
- POCSO
- minor victims
- false implication
- jail overcrowding
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31777 of 2026
Dilip
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Sahu
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ravi Sahu, learned counsel for the applicant and Sri B.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. 104 of 2025, under Sections 87,
137(2), 65(1) of BNS and Section 4(2), 5(1)/6 of POCSO Act, Police
Station Moosa Nagar, District Kanpur Dehat, 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 two minor
victim girls are said to have eloped with the applicant and co-accused
Anshu. It is next submitted that the victim B in her statement recorded
under Sections 180 and 183 BNSS has stated that she had left her home
on her free will and she had entered into matrimonial alliance with the
applicant with her free consent. It is further submitted that the age of the
victim B has been found to be 15 years and 04 months as per her
certificate of Class 9th, however, there is no High School certificate or the
certificate of school first attended and no radio-logical examination of the
victim B has been conducted for her age determination. It is further
submitted that the victim B has refused to undergo medico-legal
examination. It is further submitted that co-accused Anshu with whom the
BAIL No. 31777 of 2026
2
victim A is said to have eloped has already been granted bail. It is also
submitted that the applicant has been languishing in jail since 6.1.2026
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.
6. As per the allegation in the FIR, two minor victim girls aged about 16
years and 15 years are said to have been enticed away by the applicant
and co-accused Anshu, however, they have been recovered and victim B
in her statement recorded under Sections 180 and 183 BNSS has stated
that she had left her home on her free will and she had entered into
matrimonial alliance with the applicant with her free consent. The age of
the victim B has been found to be 15 years and 04 months as per her
certificate of Class 9th, however, there is no High School certificate or the
certificate of school first attended and no radio-logical examination of the
victim B has been conducted for her age determination. The victim B has
refused to undergo medico-legal examination. Co-accused Anshu with
whom the victim A is said to have eloped has already been granted bail. T
he applicant has been languishing in jail since 6.1.2026 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- Dilip involved in the aforementioned crime be
BAIL No. 31777 of 2026
3
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.
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
Checking your session…