Allahabad High Court
RAM PRAVESHversusSTATE 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 as the victim’s statement indicates consent and there is no proof that she is a minor.
Summary
Ram Pravesh applied for bail in a criminal case (Crime No. 517 of 2025) involving offences under Sections 65(1), 87, 137(2) of the BNS Act and Sections 5L/6, 5N/6 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNSS indicated that she had travelled with the applicant from Gorakhpur to Mumbai and married him, suggesting her consent. The State Law Officer confirmed that no document establishes the victim as a minor. The court examined the material on record, the submissions of counsel, and the victim’s testimony. Finding that the applicant had made out a prima facie case for bail, the court ordered his release on personal bond and sureties with standard conditions. The bail order is subject to cancellation if the applicant tampers with evidence, intimidates witnesses, or fails to appear before the trial court.
Issues considered
- Whether bail should be granted to the accused despite charges under the BNS and POCSO statutes.
- Whether the victim’s consent and the absence of proof of minority negate the seriousness of the offences for bail purposes.
Legislation cited
Subjects
- bail
- criminal procedure
- consent
- minor
- POCSO
- BNS
- victim testimony
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14394 of 2026
Ram Pravesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No.48 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 25.4.2026.
2. Heard Sri Kamlesh Kumar Mishra, learned counsel for the applicant, Ms.
Bharti Mishra, learned counsel for opposite party no.3 and Sri R.P. Singh,
learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 517 of 2025, under Sections
65(1), 87, 137(2) BNS and 5L/6, 5N/6 POCSO Act, Police Station AIIMS,
District Gorakhpur, 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 all the
way from Gorakhpur to Mumbai and married him; there being no valid
document to suggest that the victim is minor 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- Ram Pravesh 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
BAIL No. 14394 of 2026
2
verification of sureties, with the condition that he shall not tamper with
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
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