Allahabad High Court

SAQIBversusSTATE OF U.P. AND 3 OTHERS

Decided: 19 April 2026
Bench: KRISHAN PAHAL

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed by Saqib, who was arrested in connection with a case registered under IPC sections 137(2), 64(1), 127(2) and sections 3/4(2) of the POCSO Act. The applicant contended that he was falsely implicated, that the FIR was lodged after a delay, and that the only alleged act was a kiss on the victim's neck, which does not constitute rape. The prosecution argued that the allegations involved sexual offences under the POCSO Act. After hearing both sides and reviewing the material, the Court, without expressing an opinion on the merits, found that the applicant had made out a case for bail on a prima facie basis. Accordingly, the Court ordered his release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.

Issues considered

Whether bail should be granted in a case involving alleged offences under IPC sections 137(2), 64(1), 127(2) and POCSO Act sections 3/4(2).
Whether the alleged act of kissing the victim's neck falls within the definition of rape under the POCSO Act.
Whether the applicant’s claim of false implication and lack of prior criminal history justify bail.

Legislation cited

Indian Penal Code — s. 127(2), 137(2), 64(1)
POCSO Act — s. 3, 4(2)

Subjects

bail
POCSO Act
false implication
sexual assault
criminal procedure
sureties

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45520 of 2025

Saqib
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Rahul Singh Tomar, Vivek Singh
Counsel for Opposite Party(s) : Anshu Pandey, G.A.

Court No. - 65
(Sr. No.87 out of 277)

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 18.12.2025.

2. Counter affidavits filed by learned A.G.A. and learned counsel for
opposite party no.4 are taken on record. Learned counsel for the applicant
does not propose to file rejoinder affidavit.

3. Heard Sri Vivek Singh, learned counsel for the applicant, Sri Sunil
Kumar, learned A.G.A. for the State as well as Ms. Anshu Pandey, learned
counsel for High Court Legal Services Committee and perused the material
placed on record.

4. Applicant seeks bail in Case Crime No.526 of 2025, under Sections
137(2), 64(1), 127(2) BNS and 3/4(2) POCSO Act, Police Station Lohiya
Nagar, District Meerut, during the pendency of trial.

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 was instituted after a delay of about sixteen hours under suspicion only.
There is mark of injury on the neck of the victim, but the cause of injury, in
the opinion of doctor, was being hit by a stick as told by the victim herself.
Even otherwise there is no allegation of sexual assault against the applicant.

6. It is further argued by learned counsel for the applicant that the only
allegation is that applicant kissed the victim on her neck. The said offence
BAIL No. 45520 of 2025
2

does not fall within the category of rape. The matter of family discord
regarding payment of money has been converted to a criminal case by the
informant. The applicant has no criminal history and is in jail since 5.9.2025.
He undertakes to cooperate with the trial and not misuse the liberty of bail.

7. Learned A.G.A. and learned counsel for High Court Legal Services
Committee have vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.

8. Considering the overall facts and circumstances of the case, submissions
made by learned counsel for the parties, the evidence on record, 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.

9. Let the applicant- Saqib, 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.

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

(Krishan Pahal,J.)
April 20, 2026
Vikas Verma

Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad

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