Allahabad High Court
NAZIMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant, Nazim, subject to conditions.
Summary
Nazim was arrested in connection with a case (Crime No. 76 of 2025) involving offences under Sections 89, 238, 351(3), 127(2), 64(2)F of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. The victim, who was initially a material witness, later recanted her statement, claiming she had married the accused, and was declared hostile during cross‑examination. The applicant’s counsel argued that he is innocent, has no prior criminal record, and that his continued detention violates his Article 21 right to liberty. The State opposed bail but could not refute the applicant’s submissions. The Court, after considering the hostile witnesses and lack of apparent likelihood of conviction, granted bail subject to a personal bond, two sureties, and specific conditions including a Rs. 1 lakh fixed deposit in the victim’s name.
Issues considered
- Whether bail should be granted to the accused in a case involving serious offences under the IPC and POCSO Act given the victim’s hostile stance.
- Whether the conditions imposed by the Court are appropriate to ensure the accused does not tamper with evidence or intimidate witnesses.
Legislation cited
- Indian Penal Code — s. 127(2), 238, 351(3), 64(2)F, 89
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- hostile witness
- POCSO Act
- Indian Penal Code
- Article 21
- personal bond
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33359 of 2026
Nazim
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Irshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice to
the informant has been served on 11.9.2026.
2. Heard Sri Irshad Ahmad, learned counsel for the applicant as well as Sri
R.P. Singh, learned State Law Officer and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 89,
238, 351(3), 127(2), 64(2)F BNS and 3/4 POCSO Act, Police Station
Hajratnagar Garhi, District Sambhal, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim has been examined as P.W.-2 during trial and she has completely
resiled from her earlier statement given to the Investigating Officer and the
allegations of the FIR, as she is stated to have married the applicant. The
witness has been cross-examined by the public prosecutor after declaring her
hostile. There is no likelihood of conviction in the present case under the
circumstances. The fundamental rights of the applicant as enshrined in
Article 21 of the Constitution of India stand violated.
5. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
25.5.2025 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
BAIL No. 33359 of 2026
2
6. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that the witnesses have turned hostile, and without
expressing any opinion on the merits of the case, the Court is of the view
that the applicant has made out a case for bail. The bail application is
allowed.
8. Let the applicant- Nazim, who is involved in aforementioned case 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 subject to
verification of sureties, with the following conditions:
(i) The applicant is being released on bail on the assurance of the counsel for the
applicant that applicant is very much willing to take care of his wife (victim). The
applicant shall deposit (Fixed Deposit) a sum of Rs. 1 lakh in her name within a
period of three months from the date of his release from jail.
(ii) The applicant shall not tamper with evidence during trial.
(iii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
(iv) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 18, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…