Allahabad High Court Cancels Bail Over Allegations That POCSO Accused's Repeated Molestation Post Release Led To Minor's Suicide

The Allahabad High Court recently cancelled the bail of a POCSO Accused who allegedly started harassing and threatening the minor victim after his release on bail, due to which she died by suicide.Noting that prima facie the allegations under Section 108 BNS have been substantiated during the investigation, a bench of Justice Brij Raj Singh cancelled the bail of the accused, categorically observing that the accused deliberately breached the conditions of said bail and misused the liberty of bail.The bench has directed him to surrender within two weeks.Briefly put, the informant (father of the deceased girl), approached the High Court under Section 483(3) BNS seeking the cancellation of the bail granted to the accused on June 5, 2025. Originally, the accused faced charges under Section 74 BNS and Sections 7/8 of the POCSO Act for allegedly molesting the minor. However, it was alleged that after his release on bail, he again started harassing the daughter of the informant. He allegedly engaged in 'cherkhani' (molestation) and actively threatened her. Unable to withstand the alleged molestation, the young victim committed suicide on the intervening night of July 25 and 26, 2025.The bench was further apprised that a fresh FIR was registered against the accused for abetment of suicide under Section 108 of the BNS, and after the investigation, the police have already submitted a charge-sheet. In fact, a coordinate Bench of the HC also declined to grant anticipatory bail to the accused in the fresh FIR.On the other hand, the counsel for the accused argued that his client never misused the liberty and that the victim died by suicide as she was harassed and pressured by her family members.Against the backdrop of these submissions, the bench observed that cancellation of bail necessarily involves review of a decision already made and can, by and large, be permitted only if, by reason of supervening circumstances, it would no longer be conducive to a fair trial to allow the accused to retain his freedom during the trial.Relying on the Supreme Court decision in Dolat Ram and others vs. State of Haryana 1994, the bench stressed that very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail, already granted.The bench also relied on the Top Court's recent decision in the case of X vs. The State of Bihar and another 2025 LiveLaw (SC) 733, wherein it was held that while bail should not be cancelled ordinarily, courts are not powerless when the facts are so grave that they shake the conscience of the Court.Against this backdrop, noting that the allegations in the subsequent abetment of suicide case were prima facie substantiated during the police investigation and that the accused had misused the liberty granted to him, the bench cancelled his bail. Case title - Veer Pal Singh vs. State Of U.P. And 3 Others 2026 LiveLaw (AB) 131Case citation: 2026 LiveLaw (AB) 131Click Here To Read/Download Order

Allahabad High Court Cancels Bail Over Allegations That POCSO Accused's Repeated Molestation Post Release Led To Minor's Suicide

Sparsh Upadhyay

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