Allahabad High Court
JUNNUR KHANversusSTATE 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 Junnur Khan, who was charged under Sections 137(2), 87, 64(2)M of the BNS Act and Sections 5(L) and 6 of the POCSO Act for alleged rape of a 17‑year‑old girl. The applicant claimed false implication, pointing to contradictory statements by the victim under Sections 180 and 183 of the BNS Act and the victim's refusal to undergo a medico‑legal examination. The State opposed bail, emphasizing the seriousness of the offence. The Court, noting the contradictions, the applicant’s clean record, the overcrowded jails, and the precedent set by the Supreme Court in Kapil Wadhawan and Maya Tiwari, decided that bail was appropriate without commenting on the merits. Accordingly, the bail application was allowed subject to standard conditions and verification of sureties.
Issues considered
- Whether bail can be granted in a POCSO‑related rape case despite the seriousness of the offence
- Whether contradictions in the victim's statements affect the presumption of innocence for bail purposes
- Whether the applicant's lack of prior criminal history and jail overcrowding justify bail
- Whether procedural compliance, such as notice to the informant, has been satisfied
Legislation cited
Subjects
- bail
- POCSO
- rape
- contradictory statements
- overcrowded jails
- trial pendency
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32035 of 2026
Junnur Khan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jalaj Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Jalaj Kumar Tripathi, learned counsel for the applicant and
Sri Shiv Dutt Shukla, 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. 105 of 2026, under Sections 137(2),
87, 64(2)M of BNS and Section 5(L)/6 of POCSO Act, Police Station
Visharatganj, District Bareilly, 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 as she in her statement under Section 180
BNSS has stated that she had left her home on her free will and nothing
wrong was done to her whereas in her statement under Section 183 BNSS
she has stated that the applicant committed rape on her on earlier
occasions. It is further submitted that the age of the victim has been found
to be 17 years and 05 months as per her certificate of High School. It is
further submitted that the victim has refused to undergo medico-legal
examination as she has stated before the doctor that nothing wrong was
done to her. It is also submitted that the applicant has been languishing in
jail since 20.6.2026 and he is having no criminal history. It is lastly
submitted that in case the applicant is granted bail, he will not misuse the
BAIL No. 32035 of 2026
2
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, the applicant and co-accused are said
to have enticed away the daughter of the first informant aged about 17
years, however, the victim has been recovered. There appears to be
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS. The age of the victim has been found to be
17 years and 05 months as per her certificate of High School. The victim
has refused to undergo medico-legal examination as she has stated before
the doctor that nothing wrong was done to her. The applicant has been
languishing in jail since 20.6.2026 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- Junnur Khan 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. 32035 of 2026
3
(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.)
October 1, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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