Allahabad High Court
VISHALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail.
Summary
Vishal was arrested in connection with a case (Crime No. 321 of 2025) under Sections 137(2), 87, 65(1) of the B.N.S. and Sections 3/4(2) of the POCSO Act. The victim, a 17‑year‑old, had allegedly traveled with Vishal, stayed with him, and married him, and her statement under Section 183 B.N.S.S. indicated she was a consenting party. Vishal, aged 22, claimed innocence, no prior criminal record, and argued that the victim appeared to be a major based on an ossification test. The State and the informant opposed bail, but the court, after considering the victim’s statement and the circumstances, found that Vishal had made out a case for bail. The court granted bail on condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 87, 65(1) B.N.S. and 3/4(2) POCSO Act considering the alleged consent of a minor victim.
- Whether the victim’s age and alleged consent affect the bail eligibility of the accused.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- minor consent
- sections 137
- section 87
- section 65(1) BNS
- section 3 POCSO
- section 4(2) POCSO
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12450 of 2026
Vishal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar
Srivastava
Counsel for Opposite Party(s) : G.A., Manish Yadav, Snehlata Singh
Court No. - 65
(Sl. No. 74 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Gaurav Srivastav, learned counsel for the applicant, Ms.
Snehlata Singh, learned counsel for opposite party no.2, Sri Manish Yadav,
learned counsel for the informant as well as Sri R.P. Singh, learned State
Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 321 of 2025, under Sections
137(2), 87, 65(1) BNS and 3/4(2) POCSO Act, Police Station Linepar,
District Firozabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party as is but evident from her statement recorded
under Section 183 B.N.S.S., whereby she had travelled with the applicant to
several places including Punjab and Gujarat and stayed with him at a railway
station and has even married the applicant. and did not raise any alarm,
whatsoever.
5. Learned counsel has next stated that the victim, by her physical
appearance, seems to be major although her age is 17 years as per
ossification test report and a leverage of two years may be granted to the
applicant on the upper side. The applicant himself is 22 years old youth.
BAIL No. 12450 of 2026
2
6. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
12.11.2025 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
7. Learned State Law Officer and learned counsel for the informant have
vehemently opposed the bail application but could not dispute the
submissions made by the counsel for the applicant.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded u/s 183 BNSS, whereby
she seems to be consenting party as she has married the applicant and
without expressing any opinion on the merits of the case, the Court is of the
view that the applicant has made out a case for bail. The bail application is
allowed.
9. Let the applicant- Vishal who is involved in aforementioned case crime
be released on bail on his furnishing a personal bond and two sureties each
in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
May 6, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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