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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 13169 of 2026

Shanu

.....Applicant(s)

Versus

State of U.P.

.....Opposite

Party(s)

Counsel for Applicant(s) : Ajay Kumar Gautam

Counsel for Opposite Party(s) : G.A.

Court No. - 72

HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard Learned counsel for the applicant, Learned A.G.A. for the State

and perused the record.

2. The instant bail application has been filed with a prayer to release the

applicant on bail in Case Crime no.51 of 2026, under Sections 351(3),

140(4) BNS, Police Station Civil Lines, District Aligarh.

3. Learned counsel for the applicant states that the applicant has been

falsely implicated in the present case. He submits that the victim is not a

minor and his age is 21 years. Initially, the FIR was lodged for offences

under Sections 137(2), 351(3), 140(4) BNS and Sections 5g and 6 of the

POCSO Act. He contends that lateron the victim was found to be major

and the provisions of the POCSO Act have been removed from the

investigation. He further contends that there is serious contradictions

between the FIR and the statement under Section 183 BNSS of the victim.

There is no medical report to substantiate the allegations against the

applicant.

4. Learned AGA has opposed the prayer for bail and has contended that

the case against the applicant is consistent. The applicant is the solitary

accused mentioned in the FIR, who has committed sexual assault on the

victim. Learned AGA has further submitted that in the FSL report of the

medical examination of the victim and the applicant, on the jeans pant of

the applicant, spermatozoa was found. On the strength of this, Learned

AGA contends that sexual assault on the victim is clearly made out. He

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further submits that the applicant has not made any allegation of false

implication against the victim.

5. Rejoining the issue, Learned counsel for the applicant contends that the

incident is said to have taken place on 24.01.2026, however, the applicant

was arrested on 27.01.2026 and it is only thereafter that the sample and

the clothes of the applicant were taken for examination by the forensic

science laboratory. He further contended that in the medical examination

of the victim and the FSL report of the samples drawn from the victim, no

spermatozoa or any other incriminating material, which may connect the

applicant to the crime, have been recovered.

6. I have considered the submissions made by Learned counsels for the

parties.

7. The applicant although named in the FIR, however, the same has been

lodged after two days of the occurrence. The victim claims to be a minor,

however, in the police investigation, the provisions of the POCSO Act

have been removed. The statement of the victim recorded under Section

183 BNSS indicates that he was made to eat some biscuits by the

applicant, which led the victim to lose consciousness. This fact is absent

from the FIR. The applicant is not stated to have any criminal

antecedents.

8. Prima facie, in the opinion of the Court, there is a serious contradiction

between the FIR, which has been lodged with a delay of two days and the

statement of the victim recorded under Section 183 BNSS. The applicant

is in jail since 27.01.2026. A chargesheet has now been submitted and the

applicant is no longer required for any custodial arrest or interrogation.

9. Taking into consideration the facts and circumstances of the case,

without expressing any opinion on the merits of the case, I find it

appropriate to enlarge the applicant on bail.

10. The bail application is allowed

11. Let the accused-applicant, Shanu, involved in above mentioned case

crime number be released on bail, on his executing a personal bond and

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two reliable sureties each, in the like amount to the satisfaction of the

court concerned, subject to the following conditions:

(i) The applicant will not tamper with the evidence.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pr