Allahabad High Court
ARIFversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Arif in a criminal case (Crime No. 249 of 2025) involving alleged offences under Sections 137(2) and 64(1) of the B.N.S.S. and Sections 3 and 4(1) of the POCSO Act. The applicant claimed innocence, asserting that the alleged victim, a 16‑17‑year‑old girl, had voluntarily accompanied him on a motorcycle and did not raise any alarm, thereby indicating consent. The prosecution opposed bail but did not dispute the applicant's contentions. The court, after reviewing the victim's statement recorded under Section 183 of the B.N.S.S. and noting the lack of prior criminal history, held that a prima facie case for bail existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, without prejudice to the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite the alleged offences under the B.N.S.S. and POCSO Act.
- Whether the victim's alleged consent and age affect the bail determination.
Legislation cited
Subjects
- bail
- POCSO
- consent
- minor
- criminal procedure
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13957 of 2026
Arif
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Srivastava
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 A.G.A. has informed that the notice to the
informant has been served on 22.04.2026, but none is present on behalf of
the informant.
2. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.249 of 2025, under Sections
137(2), 64(1) BNS and Section 3/4(1) POCSO Act, Police Station
Chhaprauli, District Baghpat, 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 gone with the applicant on his
motorcycle all the way from Baghpat to Karnal and did not raise any alarm
during her sojourn and stay. By her appearance, she seems to be major;
however, she is 16–17 years old as per ossification test report, and as per
high school certificate also, she was 17 years old. The said age has been
suppressed.The applicant has no criminal history and is in jail since
14.10.2025. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
BAIL No. 13957 of 2026
2
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
B.N.S.S., 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- Arif, 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
Checking your session…