Allahabad High Court
DAYASHANKARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The High Court considered a bail application filed by Dayashankar, who was charged under Sections 137(2), 87, 64(1) of the Criminal Procedure Code, the Bihar Narcotic Substances (BNS) Act, and Sections 3 and 4 of the POCSO Act. The victim’s statement under Section 183 BNSS indicated that she had voluntarily accompanied the applicant and did not raise any alarm, suggesting consent. The court noted a two‑day delay in lodging the FIR and, without delving into the merits, found that the applicant had made out a prima facie case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order also warned that breach of conditions would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial given the victim's alleged consent and the delay in filing the FIR.
Legislation cited
- Bihar Narcotic Substances Act — s. 183
- Code of Criminal Procedure, 1973 — s. 137(2), 64(1), 87
- POCSO Act — s. 3, 4
Subjects
- bail
- Criminal Procedure Code
- POCSO Act
- victim consent
- FIR delay
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14309 of 2026
Dayashankar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Bed Prakash Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No.42 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 29.4.2026.
2. Heard Sri Bed Prakash Rai, learned counsel for the applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 42 of 2026, under Sections
137(2), 87, 64(1) BNS and 3/4 POCSO Act, Police Station Bahjoi, District
Sambhal, during the pendency of trial.
4. 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 u/s 183 BNSS, whereby
she seems to be consenting party, as she had gone with the applicant to
several places and did not raise any alarm during the said sojourn, the delay
of two days in lodging of FIR 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. Accordingly, the bail application is allowed.
5. Let the applicant- Dayashankar, who is involved in aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
BAIL No. 14309 of 2026
2
evidence or intimidate witnesses and shall appear before the trial court as
required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…