Junaid @ Bittu vs State Of U.P. And 3 Others
- Neutral2026:AHC:104731
Ratio decidendi
The rule this decision rests on
A person accused under Sections 137(2), 87, 65(1) BNS and Sections 5L/6 POCSO Act is entitled to bail during the pendency of trial where the statement of the victim recorded under Section 183 BNSS indicates the victim's consent, having regard to the facts and circumstances of the case and the submissions of the parties, provided the accused furnishes a personal bond and two sureties to the satisfaction of the court, and undertakes not to tamper with evidence or intimidate witnesses and to appear before the trial court as required. Breach of the conditions imposed on bail entails cancellation of bail, and observations made in granting bail shall not prejudice the determination of the case on its merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 17.12.2025, but none is present on behalf of the informant.
2. Heard Sri Satish Kumar Mishra, Advocate holding brief of Sri Rakesh Singh Yadava, learned counsel for the applicant, Ms. Pramila Tiwari, learned counsel for the High Court Legal Service Committee, 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.193 of 2025, under Sections 137(2), 87, 65(1) BNS and Section 5L/6 POCSO Act, Police Station Saidpur, District Ghazipur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party, as she had travelled with the applicant all the way from Ghazipur to Delhi, stayed there, and married him. She has expressed her willingness to stay with the applicant only. As per the school certificate of Class VII, the victim is stated to be thirteen and a half years old, but there is no valid document to suggest that she was minor. The applicant has no criminal history and is in jail since 14.08.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned counsel for the High Court Legal Service Committee and learned A.G.A. have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 BNSS, which indicates her consent, 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.
7. Let the applicant- Junaid @ Bittu, 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.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)
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