Allahabad High Court

JABIR ALIversusSTATE OF U.P. AND 4 OTHERS

Decided: 5 May 2026
Bench: KRISHAN PAHAL

Holding

The court allowed bail, finding that the applicant had made out a prima facie case for release pending trial.

Summary

The High Court considered a bail application filed by Jabir Ali, who was arrested in connection with a case under Sections 137(2), 87, 65(1) of the IPC, Sections 5L/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act. The applicant contended that the alleged victim, a 14‑year‑8‑month‑old girl, had consented to a relationship and that he was falsely implicated, emphasizing his clean record and willingness to cooperate with the trial. The State opposed bail but could not refute the applicant’s submissions. The court, after noting the victim’s statement under Section 183 BNS indicating consent, held that prima facie the applicant was entitled to bail. Accordingly, bail was granted on personal bond and two sureties, subject to standard conditions, without prejudice to the trial on merits.

Issues considered

Whether bail can be granted in a case involving alleged sexual offences under the POCSO Act and SC/ST Act when the alleged victim purportedly consented.
Whether the age of the alleged victim (14 years 8 months) precludes a consent defence under the applicable statutes.
Whether the applicant’s lack of prior criminal record and willingness to cooperate justify bail.
Whether the victim’s statement recorded under Section 183 BNS influences the bail decision.

Legislation cited

Indian Penal Code — s. 137(2), 65(1) BNS, 87
Protection of Children from Sexual Offences (POCSO) Act — s. 5L/6
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V)

Subjects

bail
consent
minor
POCSO Act
SC/ST Act
criminal procedure
sureties
trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13952 of 2026

Jabir Ali
.....Applicant(s)
Versus

State Of U.P. And 4 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Dinesh Kumar Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 65
(Sr. No.79 out of 259)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Learned State Law Officer has informed that the
notice to the informant has been served on 23.04.2026, but none is present
on behalf of the informant.

2. Heard Sri Dinesh Kumar Pandey, learned counsel for the applicant, Sri
R.P. Patel, learned State Law Officer for the State and perused the material
placed on record.

3. Applicant seeks bail in Case Crime No.0036 of 2026, under Sections
137(2), 87, 65(1) BNS, 5L/6 of POCSO Act and Section 3(2)(V) of SC/ST
Act, Police Station- Nichlaul, District- Maharajganj, 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 she had travelled with the applicant to
several places and had taken Rs.50,000/- from her house. By her physical
appearance, she seems to be major, although she is 14 years and 8 months
old, but there is no valid document to suggest that she was minor. The
applicant himself is a youth aged about 21 years. A matter of a consensual
relationship between two adolescents has been converted into a criminal case
by the informant. The applicant has no criminal history and is in jail since
15.02.2026 and he undertakes to cooperate with the trial and not misuse the
liberty of bail.
BAIL No. 13952 of 2026
2

5. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.

6. 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 under Section 183 BNSS,
which indicates her consent, and without expressing any opinion on the
merits of the case, prima-facie the Court is of the view that the applicant has
made out a case for bail. The bail application is allowed.

7. Let the applicant- Jabir Ali, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.

8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.

(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)

Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad

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