Allahabad High Court
MOHAN KOL @ SANDEEP KOLversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that prima facie the applicant had made out a case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Mohan Kol (alias Sandeep Kol) in a criminal case (Crime No. 136 of 2025) involving alleged offences under Sections 137(2), 87, 64(1) of the IPC and Sections 3 and 4 of the POCSO Act, 2012. The applicant pleaded innocence, asserting that the alleged victim, a 16‑year‑6‑month‑old girl, had travelled with him voluntarily and gave consent, as recorded in a statement under Section 183 of the CrPC. The State and the informant opposed bail but did not refute the applicant’s contentions. The Court, after reviewing the material and the victim’s consent statement, held that prima facie the applicant had established a case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted in a case involving alleged POCSO offences where the alleged victim is a minor who purportedly gave consent.
- Whether the applicant’s claim of innocence, lack of prior criminal record, and the victim’s statement under Section 183 CrPC suffice for prima facie bail.
- Whether the alleged suppression of the victim’s age impacts the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 64(1), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- POCSO
- consent
- minor
- Indian Penal Code
- Criminal Procedure
- Section 183
- victim statement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15431 of 2026
Mohan Kol @ Sandeep Kol
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Bharti, Pushpa
Kumari
Court No. - 65
(Sr. No.68 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri
Kamlesh Kumar Bharti, learned counsel for the informant, Sri Ram Mohit
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.136 of 2025, under Sections
137(2), 87, 64(1) BNS and Section 3/4 POCSO Act, 2012, Police Station
Dramandganj, District Mirzapur, 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 travelled with the applicant all the
way from Mirzapur to Prayagraj and stayed with him. By her looks, she
seems to be major, although she is 16 years and 6 months old as per high-
school certificate. The said age has been deliberately suppressed. The
applicant has no criminal history and is in jail since 28.10.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned counsel for the informant and learned A.G.A. have vehemently
opposed the bail application but could not dispute the submissions made by
the counsel for the applicant.
BAIL No. 15431 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- Mohan Kol @ Sandeep Kol, 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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