Allahabad High Court
GOPAL @ RAM GOPALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that bail should be granted to the applicant.
Summary
The High Court considered a bail application filed by Gopal @ Ram Gopal in a criminal case (Crime No. 298 of 2025) involving alleged offences under Sections 137(2), 87, 64(2) of the B.N.S.S. and Sections 3, 4, 5M O 5(J)(2) of the POCSO Act. The applicant claimed innocence, asserting that the 19‑year‑old victim was a consenting party and had expressed a desire to marry him, as recorded in a statement under Section 183 of the B.N.S.S. The State opposed bail but could not refute the applicant’s submissions. The Court, after reviewing the material and the victim’s statement, found that the applicant had made out a case for bail and ordered his release on personal bond and two sureties, subject to conditions. The order emphasized that the bail decision would not prejudice the trial judge’s independent assessment of the evidence.
Issues considered
- Whether bail can be granted in a POCSO case where the alleged victim is a consenting adult.
- Whether the applicant poses a risk of tampering with evidence or fleeing.
- Whether the statements recorded under Section 183 B.N.S.S. affect the bail determination.
Legislation cited
- B.N.S.S. — s. 137(2), 183, 64(2), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4, 5M O 5(J)(2)
Subjects
- bail
- POCSO
- consenting adult
- criminal procedure
- Section 183
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15404 of 2026
Gopal @ Ram Gopal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No.62 out of 259)
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 27.4.2026.
2. Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant as well
as Ms. Ifrah Islam, learned State Law Officer and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 298 of 2025, under Sections
137(2), 87, 64(2) BNS and 3/4/5M O 5(J)(2) POCSO Act, Police Station
Kishni, District Mainpuri, 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 major being 19 years old and is a consenting party as is but evident
from her statement recorded under Section 183 B.N.S.S., whereby she has
stated that she wants to marry the applicant and even her parents had
promised to marry the victim to the applicant but refused to comply with the
said promise later on. The victim had stayed with the applicant at Sonipat,
Haryana.
5. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
12.1.2026 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
BAIL No. 15404 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 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.
8. Let the applicant- Gopal @ Ram Gopal, 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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 6, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…