Allahabad High Court
SATYABHAN @ SATYAVANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant as the prosecution case lacked prima facie credibility.
Summary
The applicant, Satyabhan, sought bail in a criminal case (Crime No. 168 of 2025) involving alleged offences under Sections 137(2), 87, 64(1) of the BNS and Sections 3 and 4 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNS suggested consent, as she had accompanied the applicant to several places without raising alarm. The High School certificate showed the victim was born on 12‑10‑2008, making her over 17 years old at the time of the alleged incident, and she appeared to be a major. No medical evidence was produced to corroborate the allegations, leading the court to find the prosecution’s case lacking prima facie credibility. Consequently, the court held that the applicant had made out a case for bail and ordered his release on personal bond with conditions, without expressing an opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under the cited provisions of the BNS and POCSO Act.
- Whether the victim’s consent and age negate the seriousness of the alleged offences.
Legislation cited
Subjects
- bail
- consent
- age of victim
- POCSO
- prima facie
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14239 of 2026
Satyabhan @ Satyavan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghuraj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 32 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 29.04.2026 but none is present on
behalf of the informant.
2. Heard Sri Raghuraj Singh, learned counsel for the applicant and Sri Jai
Kishan Chaurasia, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 168 of 2025, under Sections
137(2), 87, 64(1) of BNS and Sections 3/4 of POCSO Act, Police
Station - Sahar, District - Auraiya, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS prima facie indicates
her consent, as she had accompanied the applicant to several places
without raising any alarm whatsoever. The High School certificate
establishes the victim's date of birth as 12.10.2008, confirming she was
over 17 years of age at the time of the offence and, by her appearance, she
looks major. Furthermore, there is no medical evidence on record to
corroborate the alleged incident. The prosecution case thus lacks prima
facie credibility, warranting bail to the applicant.
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.
BAIL No. 14239 of 2026
2
Accordingly, the bail application is allowed.
6. Let the applicant- Satyabhan @ Satyavan, 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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