Allahabad High Court
RAM BAHADUR YADAV @ CHHOTUversusSTATE OF U.P .AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the accused, finding that the case for bail was made out.
Summary
Ram Bahadur Yadav, accused under Sections 137(2), 87, 64(1) of the BNS Act and Sections 3 and 4 of the POCSO Act, applied for bail during the pendency of trial. The victim, a 19‑year‑old, had given a statement under Section 183 BNSS indicating consent and had married the accused. The court examined the material on record, the counsel submissions, and the victim's age and consent. Finding that the applicant had made out a case for bail, the court ordered his release on personal bond and sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court. The bail order was made without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the BNS and POCSO statutes given the nature of the offences and the victim's alleged consent.
Legislation cited
Subjects
- bail
- criminal procedure
- consent
- POCSO
- victim age
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15358 of 2026
Ram Bahadur Yadav @ Chhotu
.....Applicant(s)
Versus
State Of U.P .And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 54 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 19.4.2026.
2. Heard Sri Anil Kumar Pandey, learned counsel for the applicant, Sri
Harsh Narayan Singh, learned counsel for the informant as well as 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. 264 of 2025, under Sections
137(2), 87, 64(1) BNS and 3/4 POCSO Act, Police Station Pailani, District
Banda, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the age of the victim being 19 years; her statement recorded
u/s 183 BNSS, whereby she seems to be consenting party, as she had gone
with the applicant to Mahoba and married him in Court 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. Accordingly, the bail
application is allowed.
5. Let the applicant- Ram Bahadur Yadav @ Chhotu, 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
BAIL No. 15358 of 2026
2
trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
May 6, 2026
Shalini
(Krishan Pahal,J.)
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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