Prayagraj: Taking serious note of the failure to seize the mobile phones of the accused in a Protection of Children from Sexual Offences (Pocso) case despite allegations that the devices were used to create obscene videos and photographs of the victim, the Allahabad high court has directed the Jaunpur Superintendent of Police to initiate an inquiry against the investigating officer (IO).In this backdrop, the HC noted that it had already issued directions in a 2026 case requiring the UP DGP to instruct all district police chiefs to apprise the IOs that whenever an allegation is made regarding preparation of an obscene video or clicking of photographs by the accused through his mobile phone, the device should be seized and, if required, be sent to the FSL for examination.Justice Arun Kumar Singh Deshwal passed the above order while granting bail to the accused-applicant facing a criminal case registered under relevant sections of Bharatiya Nyaya Sanhita (BNS) and the Pocso Act at Mungarabadshahpur police station in Jaunpur in in Dec 2025.
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The accused had been languishing in jail since Jan 26 this year.The court observed, “From the facts of the present case, it is clear that the police was highly negligent in not seizing the mobile phones of the applicant and the co-accused to test the veracity of the victim’s allegation.”Accordingly, the HC directed the Jaunpur SP to conduct an inquiry against the IO regarding his negligence in not seizing the mobile phones of the applicant and the co-accused to determine whether any obscene videos or photographs were prepared by them. However, on the merits of the case, the court granted bail to the accused, Rohit Yadav, while noting that although the FIR and the victim’s statements alleged that the accused and the co-accused had blackmailed her using obscene videos and photographs allegedly recorded during a trip, no such content was recovered during the investigation.While granting the relief, the court in the order dated July 23 also took into account the medical examination report of the victim, as well as the nature of the offence, the evidence, the complicity of the accused, and the fact that a similarly situated co-accused has already been enlarged on bail.
