Allahabad High Court
KARAN SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant is entitled to bail and allowed the bail application.
Summary
The High Court of Allahabad considered a bail application filed by Karan Singh, who was arrested in connection with a case under Sections 65(1), 332 of the IPC and Sections 3/4(2) of the POCSO Act. The applicant pleaded innocence, highlighted a one‑day delay in filing the FIR, and noted the absence of medical evidence corroborating the alleged offence. The State and the informant opposed bail but did not refute the applicant’s submissions. The court examined the delay, lack of medical proof, and the applicant’s clean record, and concluded that prima facie the applicant was entitled to bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a case involving alleged offences under Sections 65(1), 332 IPC and Sections 3/4(2) of the POCSO Act.
- Whether the delay in lodging the FIR and the absence of medical corroboration justify denial of bail.
- Whether the applicant’s claim of innocence, lack of prior criminal history, and willingness to cooperate merit the grant of bail.
Legislation cited
- Indian Penal Code — s. 332
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4(2)
Subjects
- bail
- POCSO Act
- delay in FIR
- lack of medical evidence
- prima facie
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13969 of 2026
Karan Singh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.81 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Himanshu Mishra, learned counsel for the applicant, Sri
Ashutosh Gupta, learned counsel for the informant, Sri Shyam Dhar Maurya,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.65 of 2026, under Sections 65(1),
332 BNS and 3/4(2) POCSO Act, Police Station Mangorra, District
Mathura, 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
FIR is delayed by more than one day, and there is no explanation for the said
delay. Even the allegations made by the victim in her statement recorded
under Section 183 BNSS seem to be of attempt to rape only. There is no
medical corroboration of the incident either. The applicant has no criminal
history and is in jail since 01.03.2026. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. Learned counsel for the informant and learned A.G.A. have 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
BAIL No. 13969 of 2026
2
learned counsel for the parties, the evidence on record, taking into
consideration the delay in the institution of the FIR and the fact that there is
no medical corroboration of the incident, 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- Karan Singh, 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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