Allahabad High Court
MAHESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant had made out a case for bail and therefore granted bail.
Summary
Mahesh applied for bail in a case involving alleged offences under Section 351(3) of the IPC, Section 70(1) of the BNS Act, 2023 and Sections 5 and 6 of the POCSO Act. The applicant was not named in the FIR, and his name first appeared only in the victim’s statement recorded under Section 183 of the BNS Act, assigning him the role of catching hold of the victim. The main accused, Lavkush, who was alleged to have committed rape, had already been released on bail. The applicant had no prior criminal record and had been in custody since 18‑02‑2026. The court, after considering the lack of his name in the FIR, the later addition of his name, the bail already granted to the principal accused, and the applicant’s undertaking, held that a prima‑facie case for bail existed and ordered his release on bail with standard conditions.
Issues considered
- Whether bail should be granted to an accused who was not named in the FIR but later identified in a victim’s statement.
- Whether the seriousness of the offences under the IPC, BNS Act and POCSO Act precludes bail.
- Whether the grant of bail to the principal accused influences the bail decision for the co‑accused.
Legislation cited
- BNS Act — s. 180, 183
- BNS Act, 2023 — s. 70(1)
- Indian Penal Code — s. 351(3)
- Protection of Children from Sexual Offences Act, 2012 — s. 5, 6
Subjects
- bail
- criminal procedure
- POCSO Act
- non‑named in FIR
- sureties
- tampering with evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15229 of 2026
Mahesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jeet Bahadur Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.17 out of 259)
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 29.04.2026, but none is present on behalf of
the informant.
2. Heard Sri Jeet Bahadur 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.536 of 2025, under Sections
351(3), 70(1) BNS, 2023 and Section 5/6 POCSO Act, Police Station
Baberu, District Banda, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is not
named in the FIR. The name of the applicant was missing in the statement of
the victim recorded under Section 180 BNSS also, but subsequently his
name has been introduced in the statement of the victim recorded under
Section 183 BNSS, whereby the role of catching hold of the victim has been
assigned to him. The main accused person, Lavkush, who is stated to have
raped the victim, has been enlarged on bail by this Court vide order dated
15.04.2026 passed in Criminal Misc. Bail Application No.11634 of 2026.
The applicant has no criminal history and is in jail since 18.02.2026. 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
BAIL No. 15229 of 2026
2
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 that the applicant is not named in the FIR and his name has
subsequently been introduced by the victim in her statement recorded under
Section 183 BNSS, coupled with the fact that the main accused person, who
is stated to have raped the victim, has already been enlarged on bail, 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- Mahesh, 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 6, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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