Mujaffar @ Muzaffar vs State Of U.P. And 3 Others
- Neutral2026:AHC:105302
Ratio decidendi
The rule this decision rests on
In a bail application under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act, where the victim is a minor aged 16 years, bail may be granted on the ground that the victim's statement recorded under section 183 of the Bharatiya Nyaya Sanhita shows consent, the victim travelled voluntarily with the accused without raising alarm, there is absence of medical corroboration of the alleged offence, and the circumstances do not present a case of such gravity as to warrant continued custody pending trial. Bail granted under such circumstances must be made conditional upon the accused furnishing a personal bond and two sureties to the satisfaction of the court, with the further conditions that the accused shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required; breach of these conditions shall entail cancellation of bail.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri Arvind Kumar Singh, learned counsel for the informant as well as 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. 513 of 2025, under Sections 137(2), 65(1) BNS and 3/4(2) POCSO Act and 3(2)(5) SC/ST Act, Police Station Loni, District Ghaziabad, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim being 16 years, as such, a leverage of two years is granted to the applicant on the upper side; the statement of the victim recorded u/s 183 BNSS, whereby she seems to be consenting party, as she had travelled with the applicant on his motorcycle and did not raise any alarm during the said sojourn; 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. Accordingly, the bail application is allowed.
5. Let the applicant-Mujaffar @ Muzaffar who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Shalini
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