In a bail application filed before the Allahabad High Court seeking release of the applicant regarding a First Information Report (FIR) under Sections 70(2), 115(2), 127(5), 351(3) of Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 5G/6 of POCSO Act, a Single Judge Bench of Justice Jitendra Kumar Sinha granted bail to the applicant.
The applicant averred that even though his name did not appear in the FIR, the victim, in her statement, mentioned that the applicant along with other co-accused persons committed gang rape on her. It was also contended that the medico-legal report does not support the allegation as there was no spermatozoa seen in the victim’s vaginal smear. The applicant also argued that the victim’s age was found to be 16 years as per radiological examination report. On the contrary, the respondents contended that the victim’s age was found to be 14 years as per the certificate issued by the Headmaster of the Primary School.
Considering the nature of offence, evidence, as well as complicity of the accused, taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts, and the Supreme Court’s mandate in Kapil Wadhawan v. Central Bureau of Investigation 2025 SCC OnLine SC 3038 as well as in Maya Tiwari v. State of U.P. 2024 SCC OnLine All 6765, the Court opined that the applicant was entitled to be enlarged on bail.
Hence, the Court directed the applicant’s release upon furnishing a personal bond and two sureties of like amount subject to certain conditions. The applicant was directed not to threaten any person acquainted with the facts of the case, to cooperate in the investigation, and not to indulge in any criminal activity. A breach of said conditions would lead to the cancellation of bail.
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