Allahabad High Court
SHAHBAJ ALIAS SHABBUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
Shahbaj alias Shabbu applied for bail in a criminal case (Crime No. 108 of 2025) where he is charged under IPC sections 137(2), 351(3), 64, the POCSO Act (sections 3 and 4) and the SC/ST Act (section 3(2)(V)). The prosecution’s victim, about 17 years old, allegedly gave consent in statements recorded under CrPC sections 180 and 183. The applicant claimed innocence, no prior criminal record, and highlighted that he had been in custody for over seven months since 31 July 2025. The State opposed bail but did not dispute the factual contentions. The court, noting the victim’s alleged consent, the applicant’s clean record and prolonged pre‑trial detention, granted bail without commenting on the merits, imposing standard bail conditions.
Issues considered
- Whether bail should be granted to an accused charged under IPC, POCSO and SC/ST Acts when the alleged victim is a minor who appears to have consented.
- Whether the length of pre‑trial detention (over seven months) and lack of prior criminal history justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180, 183
- Indian Penal Code — s. 137(2), 351(3), 64
- Protection of Children from Sexual Offences Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V)
Subjects
- bail
- pre‑trial detention
- minor victim
- consent
- POCSO Act
- SC/ST Act
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42917 of 2025
Shahbaj Alias Shabbu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Anit Kumar Pal, Prem Sagar Mishra, Satyam
Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Notice was issued to the informant on 04.12.2025. Despite service of notice none
present on behalf of informant.
2. Heard Sri Prem Sagar Mishra, learned counsel for the applicant and Sri Ghanshyam
Mishra, learned Brief Holder for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in
Case Crime No. 108 of 2025, under Sections 137(2), 351(3), 64 BNS and Section 3/4
POCSO Act and Section 3(2)(V) SC/ST Act, Police Station Lalkurti, District Meerut
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, even as per prosecution victim was around 17 years old and
even from her statements recorded under Sections 180 and 183 BNSS she appears to
be consenting party.
6. He further submits, applicant is not having any criminal history and in the present
matter he is in jail since 31.07.2025 i.e. for last more than seven months.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute the
argument on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Considering the fact that victim even as per prosecution was about 17 years old and
she from her both the statements recorded under Sections 180 and 183 BNSS appears
to be consenting party and applicant is not having any criminal history and in the
present matter he is in jail since 31.07.2025 i.e. for last more than seven months, in my
view, applicant is entitled to be released on bail.
BAIL No. 42917 of 2025
2
10. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
11. Let the applicant - Shahbaj @ Shabbu 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:-
(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.
12. 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.
13. 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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