Allahabad High Court
DATARAM @ RAVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the applicant had made out a prima facie case for bail.
Summary
The High Court considered a bail application filed by Dataram @ Ravi, who was arrested on charges under Sections 137(2), 87, 65(1) of the BNS Act and Sections 5(j)(ii) and 6 of the POCSO Act. The applicant claimed absolute innocence, arguing that the alleged victim, a 16‑17‑year‑old girl, had given consent under a statement recorded under Section 183 of the BNS Act. The State opposed bail, but the court noted the victim’s consent statement and the lack of any criminal history for the applicant. After weighing the material evidence and the arguments of counsel, the court found that the applicant had made out a prima facie case for bail. Consequently, the court ordered his release on bail subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail can be granted to an accused charged under the POCSO Act when the alleged victim has recorded a consent statement.
- Whether the presence of a minor victim affects the grant of bail under the cited statutes.
Legislation cited
Subjects
- bail
- POCSO Act
- consent of minor
- criminal procedure
- Section 183 statement
- prima facie case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15054 of 2026
Dataram @ Ravi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Srivastava, Sanjay Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.11 out of 205)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 22.4.2026. Certified copy of the FIR supplied
by learned counsel for the applicant is taken on record.
2. Heard Sri Sanjay Singh, 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.238 of 2025, under Sections
137(2), 87, 65(1) BNS and 5(j)(ii)/6 POCSO Act, Police Station Indergarh,
District Kannauj, 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 U/s 183 BNSS
is concerned. The victim has stated that it was she who insisted the applicant
to establish corporeal relationship with her and he did so at her dictates. The
victim by her looks seems to be major, although she is stated to be 16-17
years old as per her own statement.
5. Learned counsel for the applicant has further argued that a leverage of two
years may be granted to the applicant on the upper side as the radiologist
cannot predict the correct date of birth rather there is a long margin of 1 to 2
years on either side. The applicant is ready to take care of the victim and the
BAIL No. 15054 of 2026
2
fetus in her womb. The applicant has no criminal history and is in jail since
28.2.2026. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
7. 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, 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.
8. Let the applicant- Dataram @ Ravi, 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.
9. 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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