Allahabad High Court
RINKUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that he had made out a case for release pending trial.
Summary
Rinku was arrested in connection with a case (Crime No. 172 of 2026) alleging offences under Sections 137(2), 87 and 64(1) of the B.N.S.S. and Sections 3 and 4 of the POCSO Act. The applicant pleaded innocence, claiming the alleged victim was a consenting party and that her age had been misrepresented. The State Law Officer noted that the victim’s statement under Section 183 B.N.S.S. indicated consent, and the applicant had no prior criminal record, having been in custody since 24 March 2026. The court examined the material on record, the victim’s statement, and the lack of opposition to the bail application. Concluding that the applicant had made out a case for bail, the court ordered his release on personal bond and sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 87, 64(1) of the B.N.S.S. and Sections 3 and 4 of the POCSO Act.
- Whether the alleged victim’s consent and age affect the applicability of the POCSO provisions.
- Whether the applicant’s lack of criminal history and cooperation warrant bail.
Legislation cited
Subjects
- bail
- POCSO
- consent
- minor
- criminal procedure
- Sections 137
- Section 87
- Section 64
- Section 3 POCSO
- Section 4 POCSO
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15205 of 2026
Rinku
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anita Singh, Kumari Poonam Rajpoot,
Nirmla Kumari, Prem Babu Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No.46 out of 269)
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 1.5.2026.
2. Heard Ms. Anita Singh, learned counsel for the applicant as well as Sri
J.K. Chaurasia, learned State Law Officer and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 172 of 2026, under Sections
137(2), 87 and 64(1) BNS and 3/4 POCSO Act, Police Station Shikohabad,
District Firozabad, during the pendency of trial.
ARGUMENTS ON BEHALF OF APPLICANT:
4. The applicant is absolutely innocent and has been falsely implicated in the
present case.
5. The victim is a consenting party as is but evident from her statement
recorded under Section 183 B.N.S.S., whereby she had travelled with the
applicant all the way to Delhi and did not raise any alarm, whatsoever. The
victim, by her physical appearance, seems to be major although her age is
marginally less than the age of majority, i.e. 18 years as per High School
certificate, whereby her date of birth is 8.6.2008. The said age has been
suppressed by the informant.
BAIL No. 15205 of 2026
2
6. There is no criminal history of the applicant. The applicant is languishing
in jail since 24.3.2026 and he is ready to cooperate with trial. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
ARGUMENTS ON BEHALF OF STATE/INFORMANT:
7. The bail application has been opposed but the submissions raised by
counsel for the applicant has not been opposed.
CONCLUSION:
8. 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 and without expressing any opinion on the
merits of the case, the Court is of the view that the applicant has made out a
case for bail. The bail application is allowed.
9. Let the applicant- Rinku, 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
evidence or intimidate witnesses and shall appear before the trial court as
required.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
May 14, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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