Allahabad High Court
LAVKUSHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant as the prosecution failed to establish a prima facie case.
Summary
The applicant, Lavkush, sought bail in a criminal case (Crime No. 525 of 2025) involving alleged offences under Sections 137(2) and 64 of the BNS Act and Sections 3 and 4 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNS was found by the court to be inherently unbelievable and indicative of consent, as she did not raise alarm during the alleged incident or report it immediately thereafter. No medical evidence corroborated the allegations, and the victim’s age was estimated at about 16 years with a margin of error. On the basis of these findings, the court held that the prosecution had not made out a prima facie case against the applicant. Consequently, the bail application was allowed, subject to a personal bond, sureties, and standard conditions of non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether the applicant is entitled to bail pending trial in a case under the BNS Act and POCSO Act given the credibility of the victim’s testimony and lack of medical evidence.
Legislation cited
Subjects
- bail
- consent
- victim testimony
- POCSO Act
- prima facie case
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14165 of 2026
Lavkush
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar Yadav, Kailash Pati Singh
Yadav
Counsel for Opposite Party(s) : G.A., Pande Priti Premshankar
Court No. - 65
(Sl. No. 26 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice
to the informant has been served on 23.04.2026 but none is present on
behalf of the informant.
2. Heard Sri Alok Kumar Yadav, learned counsel for the applicant and
Ms. Pande Priti Premshankar, learned counsel for High Court Legal
Services Committee as well as Sri Jai Kishan Chaurasia, learned State
Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 525 of 2025, under Sections
137(2), 64 of BNS and Sections 3/4 of POCSO Act, Police Station -
Amroha Nagar, District - Amroha, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds the
victim's story, as narrated in her statement under Section 183 BNSS,
inherently unbelievable and indicative of consent. She neither raised any
alarm during the car journey with the applicant nor during her hotel stay,
claiming nobody was in the vicinity. She did not report the incident
immediately upon leaving the hotel room, further establishing consent.
The ossification test places her age at about 16 years, subject to a margin
of error. Furthermore, no medical evidence corroborates the alleged
incident. The prosecution case thus lacks prima facie credibility,
warranting bail to the applicant.
BAIL No. 14165 of 2026
2
5. 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.
Accordingly, the bail application is allowed.
6. Let the applicant- Lavkush, 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.
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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