Allahabad High Court

MUSHARRAFversusSTATE OF U.P. AND 3 OTHERS

Decided: 13 May 2026
Bench: KRISHAN PAHAL

Holding

The Court granted bail to the applicant, finding a prima facie case for release.

Summary

Musharraf was arrested in connection with a case (Crime No. 218 of 2025) alleging offences under Sections 137(2), 64(2), 352, 351(3) of the Indian Penal Code and Sections 5 and 6 of the POCSO Act. The applicant contended that he was falsely implicated, pointing to a 17‑hour delay in filing the FIR and a victim statement under Section 183 indicating her consent. The State opposed bail but did not rebut the applicant’s submissions. The Court examined the material on record, the victim’s statement, and the lack of any criminal history of the applicant. Finding that the applicant had made out a prima facie case for bail, the Court allowed the bail application subject to a personal bond and sureties. The order emphasized that the bail would be cancelled if conditions were breached and did not prejudice the trial on merits.

Issues considered

Whether bail should be granted to the accused in a case involving alleged rape under the POCSO Act and IPC offences.
Whether the victim's statement indicating consent and the delay in filing the FIR create a prima facie case for bail.

Legislation cited

Indian Evidence Act, 1872 — s. 183
Indian Penal Code — s. 137(2), 351(3), 352, 64(2)
Protection of Children from Sexual Offences Act, 2012 — s. 5, 6

Subjects

bail
false implication
consent
POCSO Act
Indian Penal Code
delay in FIR
prima facie case
criminal trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42265 of 2025

Musharraf
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Manish Joshi, Mukesh Joshi
Counsel for Opposite Party(s) : G.A., Prakash Tripathi, Vishakha
Dubey

Court No. - 65
(Sr. No.74 out of 269)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Prakash
Tripathi, learned counsel for the informant, Ms. Vishakha Dubey, learned
counsel for the High Court Legal Service Committee, Sri Rajendra Prasad
Singh, learned State Law Oficer for the State and perused the material
placed on record.

3. Applicant seeks bail in Case Crime No.218 of 2025, under Sections
137(2), 64(2)ड, 352, 351(3) BNS and Section 5ठ/6 POCSO Act, Police
Station Dilari, District Moradabad, during the pendency of trial.

4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about 17 hours, and there is no explanation for the said
delay. The victim is a consenting party, as is evident from her statement
recorded under Section 183 BNSS, wherein she has stated that her parents
were in the adjoining room to the room where the applicant committed rape
upon her, and she did not raise any alarm whatsoever out of fear, and the
victim is stated to have roamed about in Moradabad for 4 days in a car. The
applicant himself is a youth aged about 24 years. It is a clear-cut case of
false implication. The applicant has no criminal history and is in jail since
20.09.2025. He undertakes to cooperate with the trial and not misuse the
BAIL No. 42265 of 2025
2

liberty of bail.

5. Learned counsel for the opposite parties have vehemently opposed the bail
application but could not dispute the submissions made by the counsel for
the applicant.

6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 183 BNSS,
which indicates her consent, and without expressing any opinion on the
merits of the case, prima-facie the Court is of the view that the applicant has
made out a case for bail. The bail application is allowed.

7. Let the applicant- Musharraf, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.

8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.

(Krishan Pahal,J.)
May 14, 2026
(Ravi Kant)

Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad

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