Allahabad High Court
PAWAN JATAVversusSTATE OF U.P.
- Decided
Holding
The court found the case fit for bail and allowed the bail application.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Pawan Jatav, who was arrested in connection with a case under Sections 3‑7 of the Immoral Traffic (Prevention) Act and Section 99 of the B.N.S. The applicant claimed innocence, no prior criminal record, and highlighted that co‑accused Govid Kushwaha and Vishnu Kumar had already been granted bail. The State opposed bail, citing the seriousness of the alleged illegal sex‑trade offences. After reviewing the record and noting the applicant’s circumstances and the lack of distinction from the co‑accused, the court held that the case was fit for bail. Accordingly, the court allowed the bail application, directing the applicant to furnish a personal bond of Rs 50,000 with two sureties and imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not comment on the merits of the trial.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite charges under the Immoral Traffic (Prevention) Act.
- Whether the applicant's role is distinguishable from co‑accused who have already been granted bail.
- Whether the conditions imposed are sufficient to safeguard the trial from interference.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483, 99
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 7
Subjects
- bail
- Section 483 B.N.S.
- Immoral Traffic (Prevention) Act
- criminal procedure
- conditions of bail
- illegal sex trade
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14881 of 2026
Pawan Jatav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Yadav, Rajeev Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rajeev Kumar, learned counsel for the applicant, and Shri
Radhey Shyam, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.443 of 2025, under
Sections 3,4,5,6,7 of Immoral Traffic (Prevention) Act and Section 99 of
B.N.S., registered at Police Station New Agra, District Agra, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that co-accused Govid Kushwaha
and Vishnu Kumar have already been granted bail by this Court as well as
by the Co-ordinate Bench of this Court vide orders dated 20.04.2026 and
11.03.2026 passed in Criminal Misc. Bail Application Nos.10549 of 2026
and 4766 of 2026 and the role of the applicant is not distinguishable from
the role of the above two co-accused. It is further submitted that as per the
FIR, applicant was arrested from a spa centre, in which, it is alleged that
illegal sex trade was being carried out. It is further submitted that the
applicant is languishing in jail since 19.12.2025 and the applicant is
having no criminal history, undertakes that he will not misuse the liberty,
if granted. It has also been pointed out that in the wake of heavy pendency
of cases in the Court, there is no likelihood of any early conclusion of
BAIL No. 14881 of 2026
2
trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Govid Kushwaha and Vishnu Kumar have already been
granted bail by this Court as well as by the Co-ordinate Bench of this
Court vide orders dated 20.04.2026 and 11.03.2026 passed in Criminal
Misc. Bail Application Nos.10549 of 2026 and 4766 of 2026 and the role
of the applicant is not distinguishable from the role of the above two co-
accused. As per the FIR, five accused persons, including the applicant are
said to have been arrested from a spa centre, in which, it is alleged that
illegal sex trade was being carried out. It is further submitted that the
applicant is languishing in jail since 19.12.2025 and the applicant is
having no criminal history.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Pawan Jatav involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
BAIL No. 14881 of 2026
3
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
May 18, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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