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2026 DAILYLAW 4175 (ALL)

SAJID v. STATE OF U.P. AND 3 OTHERS

BAIL/9382/2026 · 2026-04-20

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9382 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 68 of 2026, under Sections 137(2), 351(2) of B.N.S. and Section 9M/10 POCSO Act, P.S. Mawana, District-Meerut, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the allegations leveled against the applicant in the First Information Report are totally false and baseless, whereas, the truth is that a dispute existed between the informant and the applicant regarding a monetary transaction, which the informant reported to the police, leading to the arrest of the accused- applicant. He lastly submitted that the applicant, who is in jail since 17.2.2026 and has no criminal antecedents to his discredit is entitled to be enlarged on bail during pendency of the trial. 4. On the other hand, learned counsel for the informant, as well as leaned A.G.A. for the State have vehemently opposed the prayer for bail and submitted that the accused-applicant has committed an immoral act against a minor boy, which is evident from the statement of the alleged victim (minor boy, aged about 11 years five months) recorded under Versus Counsel for Applicant(s) : Subhash Chandra Yadav Counsel for Opposite Party(s) : G.A., Irshad Ahmad, Mohd Faiz Sajid .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Section 183 of B.N.S.S., copy whereof has been filed as Annexure-6 to the affidavit accompanying bail application and in view of the above, the applicant is not entitled to be enlarged on bail. 5. 5. After having heard the learned counsel for the parties and perused the record, as well as the statement of victim, who is a minor boy, aged about 11 years and five months, the act committed by the applicant, is not only immoral, but beyond the imagination of a child of 11 years, who does not understand the degree of pain and act, while being committed upon him, in unnatural manner, i.e. the act of sodomy, this Court is not inclined to enlarge the applicant on bail during the trial, hence this bail application is rejected. April 21, 2026 Faridul BAIL No. 9382 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad