Allahabad High Court
FIROZ ANSARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Firoz Ansari, accused of rape under Sections 64(1), 127(2) of the IPC, Sections 3 and 4 of the POCSO Act, and Sections 180 and 183 of the CrPC. The applicant claimed innocence, alleging that the victim’s statements were contradictory and that she was approximately 16 years old, not a minor under the POCSO Act, and that the allegations were motivated by parental pressure. The prosecution could not refute the applicant’s factual contentions, and the court noted the applicant’s clean criminal record and the five‑month pre‑trial detention. Considering the uncertainty about the victim’s age, the contradictory statements, and the applicant’s lack of prior offences, the court found merit in granting bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions, without expressing any opinion on the merits of the underlying rape case.
Issues considered
- Whether bail should be granted in a rape case under the POCSO Act when the victim's age is uncertain.
- Whether contradictory statements under Sections 180 and 183 CrPC affect the presumption of guilt for bail purposes.
- Whether the applicant's lack of criminal history and duration of pre‑trial detention justify bail.
- Whether alleged false implication can be considered at the bail stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180 BNSS, 183 BNSS
- Indian Penal Code — s. 127(2) BNS, 64(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- rape
- POCSO Act
- age of victim
- false allegations
- Criminal Procedure Code
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41890 of 2025
Firoz Ansari
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Farhan Khan, Nausheen Fatima
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Notice was issued to the informant on 27.11.2025. Despite service of
notice none present on behalf of informant.
2. Heard Sri Farhan Khan, learned counsel for the applicant and Sri Rajeev
Dhar Dwivedi, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 185 of 2025, under Sections 64(1), 127(2) BNS,
Section 3/4 POCSO Act, Police Station Surauli, District Deoria during
pendency of the trial.
4. Learned counsel for the applicant submits, applicant is innocent and on
the basis of false allegation he has been made accused in the present matter.
5. He further submits, however, victim in her statement recorded under
Section 183 BNSS stated that applicant committed rape upon her and in her
statement recorded under Section 180 BNSS also she stated that applicant
forcibly made physical relationship with her but from her statement recorded
under Section 180 BNSS it reflects, applicant and victim both were having
affair and therefore story narrated by the victim in her statement recorded
under Section 183 BNSS appears to be false.
6. He further submits, victim is not a literate girl and as per ossification test
report she was about 16 years of age and therefore at this stage it cannot be
said that she was below 18 years of age.
7. He further submits, actually victim and applicant was having affair and
BAIL No. 41890 of 2025
2
when this fact was revealed to the informant then he lodged the FIR of the
present case and due to instigation of her parents victim made allegation of
rape against applicant.
8. He further submits, applicant is aged about 22 years and he is not having
any criminal history and in the present matter he is in jail since 26.09.2025
i.e. for last more than five months.
9. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. However, victim in her statement recorded under Section 183 BNSS
stated that applicant committed rape upon her and even in the statement
recorded under Section 180 BNSS she stated that applicant forcibly made
physical relationship with her but from the statement recorded under Section
180 BNSS it also reflects, victim and applicant were having friendship and
considering the statement of victim recorded under Section 180 BNSS, the
argument advanced by learned counsel for applicant with regard to false
implication of the applicant cannot be ruled out at this stage.
12. Further, victim is not literate girl and as per CMO certificate she was
about 16 years of age and considering this fact, this Court finds merit in the
argument advanced by learned counsel for applicant that at this stage it
cannot be said that victim is below 18 years of age as in the age disclosed in
her ossification test report there may be margin of two years either side.
13. Further, applicant is not having any criminal history and in the present
matter he is in jail since 26.09.2025 i.e. for last more than five months.
14. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
15. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
16. Let the applicant -Firoz Ansari be released on bail in the aforesaid case
on furnishing a personal bond and two sureties each in the like amount to
the satisfaction of the court concerned with the following conditions:-
BAIL No. 41890 of 2025
3
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
17. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
18. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
March 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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