Allahabad High Court
RAJversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Raj, sought bail in a criminal case (Crime No.83 of 2026) involving alleged offences under Sections 137(2), 61(2), 64(1) of the B.N.S.S. and Sections 5(2) and 6 of the POCSO Act. He contended that he was falsely implicated, the FIR was delayed by a day, and the alleged victim was a consenting adult who voluntarily travelled with him to Punjab. The State opposed bail but did not refute the applicant’s submissions. The court examined the victim’s statement recorded under Section 183 of the B.N.S.S., which indicated consent, and noted the absence of evidence that the victim was a minor. Without passing on the merits, the court held that prima facie the applicant was entitled to bail. Accordingly, the bail was granted subject to a personal bond, two sureties, and standard conditions of non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether bail should be granted in a case involving alleged sexual offences under the POCSO Act and B.N.S.S. provisions.
- Whether the alleged victim’s consent and age affect the bail eligibility.
- Whether the delay in filing the FIR is a ground to deny bail.
Legislation cited
Subjects
- bail
- POCSO Act
- consent
- minor
- criminal procedure
- B.N.S.S. sections
- FIR delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15321 of 2026
Raj
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar, Sunil Kumar Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.42 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that the
notice to the informant has been served on 22.4.2026. Supplementary
affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Sunil Kumar Upadhyay, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.83 of 2026, under Sections 137(2),
61(2), 64(1) BNS and 5(2)/6 POCSO Act, Police Station Amroha Dehat,
District Amroha, 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
FIR is delayed by about one day and there is no explanation of the said delay
caused. The victim is a consenting party as she has stated that she was in
love with the applicant and had gone at her own sweet-will all the way to
Punjab with the applicant.
5. It is further argued by learned counsel for the applicant that the victim, by
her looks, seems to be major. There is no valid document to suggest that she
was minor. The applicant himself is a youth of 25 years old. The applicant
has no criminal history and is in jail since 26.3.2026. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
BAIL No. 15321 of 2026
2
6. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.
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 under Section 183
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.
8. Let the applicant- Raj, 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 6, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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