Allahabad High Court
ANUP GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a prima facie case for bail and therefore bail was granted.
Summary
Anup Gupta was arrested in connection with a case under Sections 65(1), 87, 137(2) of the B.N.S. and Sections 5L/6 of the POCSO Act, alleged to involve a minor who was 18 years old. The victim’s statement recorded under Section 183 of the B.N.S. indicated consent, and there was no medical evidence to corroborate the alleged offence. The applicant pleaded innocence, claimed false implication, and had no prior criminal record, having been in custody since 24‑03‑2026. The State opposed bail but could not refute the applicant’s submissions. The court, after considering the victim’s consent statement and the lack of corroborative evidence, held that a prima facie case for bail existed and granted bail with a personal bond and two sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted in a case under Sections 65(1), 87, 137(2) B.N.S. and Sections 5L/6 POCSO Act where the victim’s statement under Section 183 indicates consent and there is no medical evidence.
- Whether the applicant’s clean record and claim of false implication create a prima facie case for bail.
Legislation cited
Subjects
- bail
- consent
- POCSO
- false implication
- Section 183
- prima facie
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15040 of 2026
Anup Gupta
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Yakub Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.10 out of 205)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 20.4.2026.
2. Heard Sri Yakub Ali, learned counsel for the applicant, Sri Sunil Kumar,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.230 of 2026, under Sections 65(1),
87, 137(2) BNS and 5L/6 POCSO Act, Police Station Gulriha, District
Gorakhpur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party as far as her statement recorded under Section
183 B.N.S.S. is concerned. She has stated that she was 18 years old and had
discontinued her education after class-8th. There is no medical corroboration
of the incident, as such, it is a clear cut case of false implication. The
applicant has no criminal history and is in jail since 24.3.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
6. 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 under Section 183
BAIL No. 15040 of 2026
2
B.N.S.S., which indicates her consent, 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. The bail application is allowed.
7. Let the applicant- Anup Gupta, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 5, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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