The Allahabad High Court today directed a woman investigating officer (IO) to remain in the Court's custody until 4 PM and deposit ₹5,000 in the Army Welfare Fund after she admitted that she had 'mistakenly' failed to collect the accused's mobile phone in a POCSO case.

The case involves allegations of editing an obscene photograph/video of a minor girl and uploading it on social media.

A bench of Justice Arun Kumar Singh Deshwal passed the order while hearing a bail application filed by the accused, who is facing charges under the BNS, POCSO Act and the UP Prohibition of Unlawful Conversion of Religion Act, 2021.

The Court had earlier noted that although the victim's statement recorded under Section 183 BNSS contained allegations about uploading of edited images/videos on social media, the investigating officer had not recovered the accused's mobile phone for examination.

The Court, therefore, directed the investigating officer, Anita Varma of Moosa Nagar Police Station, Kanpur Dehat, to appear personally before the Court.

Now, today IO Varma appeared before the Court and admitted that she had "mistakenly failed to collect the mobile phone of the applicant".

She further stated that after receiving a copy of the Court's order, she had been trying to collect the phone during the pending investigation of a co-accused.

Considering her response, the Court referred to its 2026 decision in Pankaj Vs. State of U.P., wherein the State's Director General of Police was directed to issue a circular mandating the collection of the accused's mobile phone in such cases.

Pursuant to the Court's order, the DGP had issued a circular in July this year to all the police officers.

Against this backdrop, the bench observed that the IO's lapse showed not only negligence in conducting the investigation but was also 'contemptuous', given the relevance of the mobile phone in light of the victim's statement recorded under Section 183 BNSS.

However, taking a lenient view, it refrained from passing any stricture against the investigating officer and asked her to remain careful in future.

"This Court expressed its displeasure on this negligence but taking a lenient view, refrains from passing any stricture against the above I.O. being lady officer but directs her to deposit Rs. 5,000/- in the Army Welfare Fund as a cost and to be careful in future"

The Court further ordered that she shall not leave the Court and shall remain in the custody of the Court until 4 o'clock and shall be released/allowed to go thereafter.

The Court directed that the receipt confirming the deposit be submitted before the concerned Magistrate.

After addressing the investigating lapse, the Court allowed Raj Raeen's bail application.

While considering the plea, it took into account contradictions in the victim's statements recorded under Sections 180 and 183 BNSS, the refusal to conduct the victim's medical examination, the nature of the offence and the evidence against him.

The accused was directed not to influence witnesses or tamper with evidence, to cooperate with the trial and investigation without seeking adjournments and not to indulge in criminal activity after release.