Allahabad High Court
AMITversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail on a prima facie basis and therefore granted bail.
Summary
The High Court of Allahabad considered a bail application filed by Amit in a criminal case (Crime No.110 of 2025) involving offences under Sections 137(2) and 64(1) of the IPC, the 2023 BNS provisions, and Sections 3 and 4 of the POCSO Act. The State Law Officer informed the court that a notice to the informant had been served on 07.05.2026. The applicant’s counsel argued that the alleged victim had travelled with the applicant, married him, and gave a statement under Section 183 of the CrPC indicating consent. After reviewing the material on record and the parties’ submissions, the court held that, on a prima facie basis, the applicant had satisfied the criteria for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would not prejudice the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 64(1) IPC, 2023 BNS, and Sections 3/4 POCSO Act pending trial.
- Whether the victim's statement under Section 183 CrPC indicating consent affects the bail consideration.
Legislation cited
- BNS Act, 2023
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 64(1)
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- criminal procedure
- consent
- POCSO
- victim statement
- trial
- sureties
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15428 of 2026
Amit
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikram Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.67 out of 269)
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 07.05.2026.
2. Heard Sri Vikram Singh, 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.110 of 2025, under Sections
137(2), 64(1) BNS, 2023 and Section 3/4 POCSO Act, Police Station Khurja
Nagar, District Bulandshahar, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that the victim appears to be a consenting party as per her
statement recorded under Section 183 BNSS, as she had travelled with the
applicant all the way to Hathras from Bulandshahar and married him, 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- Amit, 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
BAIL No. 15428 of 2026
2
required.
6. 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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