Court Criticizes Police Negligence in Failing to Seize Phones for Verification of Obscene Content Allegations
In a significant judgment, the Allahabad High Court has granted bail to Rohit Yadav, accused under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the POCSO Act, citing a lack of evidence and parity with a co-accused who was previously granted bail. The decision, pronounced by Justice Arun Kumar Singh Deshwal, highlighted the absence of incriminating evidence, such as obscene videos or photographs allegedly used by the accused for blackmailing the victim, which were not recovered during the investigation.
The bail application arose from a case registered as Case Crime No. 302 of 2025 at Mungarabadshahpur Police Station, Jaunpur District. The prosecution alleged that Rohit Yadav, along with a co-accused, blackmailed the victim using obscene materials and forced her into accompanying them on trips to Bombay and Delhi. However, during the proceedings, it was revealed that no such materials were recovered, and the medical examination of the victim did not indicate any sexual assault.
The court took into account that a co-accused, Sandeep Kumar, had already been granted bail by a Coordinate Bench, a decision upheld by the Supreme Court. Given the identical role of Yadav and the lack of criminal history, the court found it appropriate to grant him bail on the grounds of parity. Justice Deshwal emphasized the importance of maintaining the presumption of innocence and ensuring that the accused cooperates with the trial process without indulging in criminal activities.
Furthermore, the court expressed disapproval of the police's negligent handling of the investigation, particularly their failure to seize mobile phones that could verify the victim's allegations. The court directed the Superintendent of Police, Jaunpur, to conduct an inquiry into the investigative lapses and ensure adherence to proper investigative protocols.
The judgment also outlined conditions for Yadav's bail, including the requirement to furnish a personal bond and two sureties, abstain from influencing witnesses, and cooperate with the judicial process. The court stressed that any breach of these conditions could result in the cancellation of bail.
The court's decision underscores the judiciary's commitment to upholding legal standards and ensuring that investigations are conducted diligently, reflecting a broader emphasis on justice and procedural integrity.
Bottom line:-
Bail granted under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and POCSO Act after considering lack of evidence, medical examination report, and parity with co-accused who was already granted bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 137, 70, 352, 351(3), POCSO Act Sections 5/6
Rohit Yadav v. State of U.P., (Allahabad) : Law Finder Doc id # 2948493
