Allahabad High Court
JITENDRA SAMADHIYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Jitendra Samadhiya, who was in custody for offences under IPC sections 363, 323, 376, POCSO Act sections 3 and 4, and IT Act section 67. The applicant claimed innocence, alleging that the alleged victim, an 18‑year‑old, had consented to the sexual encounter and that the prosecution’s case was weak. The State opposed bail but could not refute the applicant’s submissions. The court examined the victim’s statement recorded under Section 183 of the CrPC, which indicated consent, and found that, on a prima facie basis, the applicant was entitled to bail. Consequently, the bail was granted subject to a personal bond, sureties, and standard conditions.
Issues considered
- Whether bail should be granted in a case involving offences under IPC, POCSO Act, and IT Act where the alleged victim has given a statement of consent.
- Whether the statement under Section 183 of the CrPC establishes sufficient ground for bail.
- Whether the applicant poses a risk of tampering with evidence or fleeing the trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 323, 363, 376
- Information Technology Act, 2000 — s. 67
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- false implication
- consent
- IPC
- POCSO
- IT Act
- Criminal Procedure Code
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15407 of 2026
Jitendra Samadhiya
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Adarsh Kumar Bajpai, Rajendra Pratap
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.63 out of 269)
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 30.04.2026, but none is present on behalf of
the informant.
2. Heard Sri Adarsh Kumar, 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.978 of 2023, under Sections 363,
323, 376 IPC, 3/4 POCSO Act and Section 67 I.T. Act, Police Station
Kotwali Lalitpur, District Lalitpur, 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 she had gone with the applicant all the way
to Pune and stayed there. It is true that the prosecution evidence is at its
conclusive end, but it is a clear-cut case of false implication. The victim is
18 years old as per ossificaion test report. The applicant has no criminal
history and is in jail since 11.06.2024. 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.
BAIL No. 15407 of 2026
2
6. 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 BNSS,
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- Jitendra Samadhiya, 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 14, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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