Allahabad High Court
KUNNU YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant was entitled to bail as he had made out a prima‑facie case for its grant.
Summary
The High Court considered a bail application filed by Kunnu Yadav, who was arrested in connection with a case under several IPC sections, a provision of the B.N.S.S., and sections of the POCSO Act. The applicant claimed absolute innocence, asserting that the alleged victim, an 18‑year‑old woman, had consented to the relationship and even married him, as recorded in her statement under Section 183 of the B.N.S.S. The State opposed bail but did not refute the applicant’s submissions. After reviewing the material on record and the victim’s consent statement, the Court, without passing on the merits, 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, sureties, and standard conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 87, 61(2), 64(2)(M), 65(1), 143(4) of the IPC, Section 183 of the B.N.S.S., and Sections 5(L) and 6 of the POCSO Act, considering the alleged consent of the victim.
Legislation cited
- B.N.S.S. — s. 183
- Indian Penal Code — s. 137(2), 143(4), 61(2), 64(2)(M), 65(1), 87
- POCSO Act — s. 5(L), 6
Subjects
- bail
- criminal procedure
- consent
- POCSO Act
- IPC sections
- victim statement
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15343 of 2026
Kunnu Yadav
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Digambar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.49 out of 259)
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 20.4.2026.
2. Heard Sri Surendra Mohan Mishra, Advocate holding brief of Sri
Digambar Dwivedi, learned counsel for the applicant, Sri V.K.S. Parmar,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.126 of 2025, under Sections
137(2), 87, 61(2), 64(2)(M), 65(1), 143(4) BNS and 5(L)/6 POCSO Act,
Police Station Khukhundu, District Deoria, 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 had married the applicant
in a temple and had also denied being subjected to any corporeal relationship
by the applicant. She has stated that she stayed with the applicant for about
one year. The victim is major aged about 18 years. The applicant has no
criminal history and is in jail since 12.3.2026. 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
BAIL No. 15343 of 2026
2
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.
7. Let the applicant- Kunnu Yadav, 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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