Allahabad High Court
Sameer Qureshi vs State Of U.P. And 3 Others on 9 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:50075
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44258 of 2025
Sameer Qureshi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Hitesh Pachori
Counsel for Opposite Party(s)
:
Abhishek Chauhan, G.A., Rahul Mishra, Sheeba Rizvi
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Ms. Sheeba Rizvi, advocate apprised the Court that she has filed power in the registry of this Court on behalf of High Court Legal Services Committee but her name has not been shown in the cause list.
2. Heard Sri Hitesh Pachori, learned counsel for the applicant, Sri Prabhat Kumar Singh, advocate holding brief of Sri Abhishek Chauhan, learned counsel for the informant, Ms. Sheeba Rizvi, learned counsel for the High Court Legal Services Committee and Sri Rajiv Dhar Dwivedi, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0282 of 2025, under Sections 137(2), 96, 70(2) BNS and Section 5G/6 POCSO Act, Police Station Hariparvat, District Agra, during pendency of the trial.
4. Learned counsel for the applicant submits, applicant is innocent and on the basis of false allegation he has been made accused in the present matter.
5. He next submits, however as per school record victim was about 15 years and 6 months old but as per her ossification test report she was about 18 years of age and therefore at this stage it cannot be said that she was below 18 years of age. He next submits, however as per statement of the victim recorded under Section 183 BNSS it is a case of gang rape and applicant alongwith two others committed rape upon her and she also tried to make allegation of love jihad but earlier when her statement was recorded under Section 180 BNSS then she did not even disclose the name of applicant and categorically stated that in anger she left her paternal home and this fact clearly suggests that subsequently on the instigation of her parents she started levelling serious allegation of love jihad and gang rape in her statement under Section 183 BNSS.
6. He further argued, apart from the present case applicant is having any criminal history of two cases which related to minor offence and in the present matter he is jail since 04.09.2025 i.e. for last more than six months.
7. Per contra, learned AGA and learned counsel for the informant as well as learned counsel for the High Court Legal Services Committee opposed the prayer for bail and submit, victim as per her school record was hardly 15 years and 6 months old and she in her statement recorded under Section 183 BNSS made serious allegation of gang rape and love jihad. They also submit, apart from the present case applicant is having criminal history of two other case but they fairly conceded both the cases relate to minor offences. They also could not dispute, earlier when statement of victim was recorded under Section 180 BNSS then she did not even disclose the name of applicant and categorically stated that she herself in anger left her paternal home.
8. They also could not dispute the fact that as per the report of the CMO concerned age of the victim was about 18 years and in the present matter applicant is in jail for last more than six months.
9. I have heard learned counsel for the parties and perused the record of the case.
10. However, as per school record victim was about 15 years and six months old but as per the report of the CMO concerned she was about 18 years of age. Further, however victim in her statement under Section 183 BNSS made serious allegation of gang rape against the applicant and two others alongwith allegation of love jihad but earlier when her statement was recorded under Section 180 BNSS then she only stated that in anger she left her paternal home and she did not even disclose the name of applicant and considering the earlier statement of the victim recorded under Section 180 BNSS the argument advanced by learned counsel for the applicant that subsequently when her statement was recorded under Section 183 BNSS then on the instigation of the informant she started making allegation of gang rape and love jihad cannot be ruled out at this stage.
11. Further, apart from the present case however applicant is having criminal history of two other cases and his criminal history has not been explained in the instant bail application and both the case related to minor offence and therefore in view of this Court on this ground instant bail application should not be withheld.
12. Further, applicant is in jail in the present matter since 04.09.2025 i.e. for last six months.
13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant - Sameer Qureshi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
(Sameer Jain,J.) March 9, 2026 Shahroz