Landmark Relief Secured: Sharma & Sharma Advocates Obtain Bail for Client After Eight Months of Incarceration in False Case
High Court Grants Bail to ‘Chotu’ in FIR No. 48 of 2025 — Justice Prevails After Prolonged Detention
In a recent judgment, the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, delivered a significant relief to our client Chotu, who had been languishing in jail for nearly eight months on false and exaggerated allegations. The Hon’ble Justice Pankaj Bhatia, while hearing Criminal Misc. Bail Application No. 6380 of 2025, was pleased to grant bail after recognizing the weak evidentiary foundation of the prosecution’s case.
The case was meticulously handled by our firm’s legal team — Advocates Mohit Sharma and Mukul Kumar Sharma — from Sharma & Sharma Advocates, who demonstrated rigorous preparation, clarity in legal argumentation, and deep compassion for a client wrongfully deprived of liberty.
Background of the Case
The case arose from FIR No. 48 of 2025, registered under Sections 137(2), 87, and 65(1) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3/4(2) of the POCSO Act at Police Station Ghunghter, District Barabanki.
The FIR alleged that the informant’s 18-year-old daughter went missing and later, in her statement, claimed to have accompanied the applicant voluntarily to Hapur, where they stayed together for twenty days. However, no evidence supported coercion, kidnapping, or assault, making the allegations legally unsustainable.
Despite the lack of credible evidence, our client was arrested on 22 March 2025, and remained in judicial custody for over eight months, enduring the stigma and hardship of incarceration for a crime he never committed.
Our Legal Strategy and Argument
The firm’s counsel for the applicant, Advocate Mohit Sharma, emphasized before the Hon’ble Court that:
- The victim’s age was 18 years — she was a major capable of making her own decisions.
- The relationship was consensual, as per the victim’s own statement recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- The applicant had no prior criminal history, indicating his law-abiding character and absence of risk of re-offending.
- The investigation lacked independent corroboration; the allegations rested solely on assumptions without supporting material.
- Citing established legal precedents protecting individual liberty and the presumption of innocence, the defense argued that the continued incarceration was unjustified and violative of Article 21 of the Constitution of India.
Court’s Findings
After carefully hearing both sides, the Hon’ble Court observed that the victim’s own statement showed voluntary companionship and that there was no evidence of abduction or exploitation. The Court noted that the applicant had already undergone eight months of custody and had no criminal antecedents, thus entitling him to bail.
Accordingly, the Court allowed the bail application and ordered:
“Let the applicant Chotu be released on bail on furnishing personal bond and sureties to the satisfaction of the court concerned.”
The Court further imposed standard conditions to ensure due attendance and non-interference with witnesses, underscoring judicial balance between liberty and fair trial.
Significance of the Order
This order reaffirms a fundamental principle: personal liberty cannot be curtailed on speculative or exaggerated allegations, especially when the investigation fails to establish coercion or criminal intent.
The judgment also highlights the judiciary’s growing sensitivity towards false implications under stringent laws, ensuring that such provisions are not misused to destroy innocent lives.
Our Firm’s Role and Commitment
At Sharma & Sharma Advocates, we take immense pride in securing justice for those wrongfully accused. This case represents our core philosophy — that every individual deserves a fair defense and the full protection of law, regardless of the nature of accusations.
Our team’s relentless efforts — from examining witness statements to invoking constitutional protections — ensured that an innocent person regained his freedom after months of unjust confinement.
We remain dedicated to defending liberty, dismantling false charges, and restoring dignity to our clients through diligent advocacy and ethical lawyering.
Conclusion
The bail order in Chotu vs. State of U.P. stands as a testament to how truth and justice ultimately prevail when the law is argued with precision and integrity.
Through this success, Sharma & Sharma Advocates reaffirms its commitment to protecting human rights, ensuring procedural fairness, and challenging wrongful prosecutions with courage and conviction.
