Court Emphasizes Material Contradictions in Victim's Statements, Long Incarceration, and Jail Overcrowding While Imposing Strict Bail Conditions
In a significant ruling dated October 1, 2026, the Allahabad High Court granted bail to Ashfaq @ Muse, the accused in a case involving allegations of sexual harassment and outraging the modesty of a minor girl aged approximately seven years. The case, registered as Crime No. 53 of 2026 at Ramnagar Police Station, Varanasi, included charges under the Bharatiya Nyaya Sanhita (BNSS), 2023 and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The Court, presided over by Justice Jitendra Kumar Sinha, considered the bail application amid serious allegations of sexual misconduct. However, the defense argued that the applicant was falsely implicated, pointing to material contradictions in the victim's statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Notably, the victim's statements did not consistently mention disrobement, a critical element of the prosecution's case.
Further, the victim had already been examined before the trial court, significantly reducing the risk of evidence tampering or witness influence. The applicant has been in custody since March 7, 2026, and has no prior criminal record, factors that weighed in favor of bail consideration. The Court also took into account the overcrowded state of jails and the heavy pendency of criminal cases, referencing the Supreme Court's guidelines on bail to ensure justice and efficiency in criminal proceedings.
Justice Sinha emphasized that the bail decision did not imply any opinion on the merits of the case but was guided by legal principles and humanitarian considerations. The Court ordered that Ashfaq be released on bail upon furnishing a personal bond and two sureties, subject to strict conditions. These include prohibitions on influencing witnesses, tampering with evidence, and engaging in further criminal activity. The applicant must also cooperate fully with the trial and investigation processes and attend court as required.
The Court mandated verification of the applicant's and sureties' identity, residence, mobile number, and Aadhaar card before accepting bonds. To facilitate timely release, the trial court was directed to issue the release order through the Bail Order Management System (BOMS) and notify the jail authorities via electronic means, ensuring compliance with Supreme Court directives.
This decision underscores the judiciary's balanced approach in handling sensitive cases involving minors, where the rights of the accused and the interests of justice must both be safeguarded. It also highlights the evolving application of the Bharatiya Nyaya Sanhita, 2023, reflecting contemporary legal standards.
Bottom Line:
Bail - Offences under Bharatiya Nyaya Sanhita, 2023 and POCSO Act - Bail granted considering material contradictions in victim's statements under Sections 180 and 183 BNSS, examination of victim before trial court, absence of criminal history, period of incarceration, overcrowding of jails and heavy pendency of criminal cases - Conditions imposed to prevent tampering with evidence and ensure cooperation in trial.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 137(2), 87, 65(2), 62; Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 180, 183; Protection of Children from Sexual Offences Act, 2012 Sections 5M, 6, 18
Ashfaq @ Muse v. State of U.P., (Allahabad) : Law Finder Doc Id # 2990777
