Allahabad High Court
PARMAI LALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
In the absence of medical corroboration and given the unexplained delay in filing the FIR, the applicant made out a prima facie case for bail.
Summary
Parmai Lal was arrested on charges of fondling his niece under Sections 5(m)(n) and 6 of the POCSO Act, with the FIR filed 19 hours after the alleged incident and no medical evidence to corroborate the claim. The applicant, who had no prior criminal record, had been in custody for about seven months and argued that he was falsely implicated. The State opposed bail, but the court noted the unexplained delay in filing the FIR and the absence of medical proof, concluding that the applicant had made out a prima facie case for bail. Without expressing any view on the merits, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties. The bail was conditioned on the applicant not tampering with evidence, not intimidating witnesses, and appearing before the trial court as required.
Issues considered
- Whether the delay in filing the FIR and lack of medical corroboration justify granting bail in a POCSO case?
- Whether the applicant’s absence of prior criminal record and the circumstances of the case create a prima facie case for bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 65(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5(m)(n), 6
Subjects
- bail
- POCSO
- delay in FIR
- medical evidence
- prima facie case
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44555 of 2025
Parmai Lal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Suresh Dhar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.111 out of 202)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 12.12.2025.
2. Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.519 of 2025, under Sections 65(2)
BNS and 5(m)(n)/6 POCSO Act, Police Station Roza, District Shahjahanpur,
during the pendency of trial.
4. As per prosecution story, the allegations against the applicant are of
fondling with the victim, who happens to be his niece. .
5. 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 19 hours and there is no explanation of the said
delay caused. Obviously, there is no medical corroboration of the incident. It
is a clear-cut case of false implication. The applicant has no criminal history.
He is languishing in jail since 17.10.2025, as such, the period of
incarceration is about 07 months. He undertakes to cooperate with the trial
and not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
BAIL No. 44555 of 2025
2
disputed.
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 delay in institution of FIR and there being no medical
corroboration of the incident, 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.
8. Let the applicant- Parmai Lal, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 15, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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