Allahabad High Court
DHARMENDRA KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that he had made out a case for bail on a prima facie basis.
Summary
The applicant, Dharmendra Kumar, filed a bail application in a criminal case (Crime No. 215 of 2025) involving offences under Sections 137(2), 87, 64(2)m of the BNS and Sections 5(1) and 6 of the POCSO Act. The State Law Officer informed the court that the informant had been served notice but did not appear, and both the informant and the victim had turned hostile. After hearing counsel for both sides and reviewing the material, the court noted the nature of the offences, the severity of the prescribed punishment, and the lack of support for the prosecution's case. The court held that, on a prima facie basis, the applicant was entitled to bail and ordered his release on personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses. The bail was granted without prejudice to the trial on the merits, and any breach of conditions would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under the BNS and POCSO Acts when the informant and victim have turned hostile.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- informant hostile
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15590 of 2026
Dharmendra Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Singh, Vaibhav Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 22 out of 265)
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 23.04.2026 but none is present on
behalf of the informant.
2. Heard Sri Vaibhav Mishra, learned counsel for the applicant and Sri Jai
Kishan Chaurasia, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 215 of 2025, under Sections
137(2), 87, 64(2)m of BNS and Sections 5(1)/6 of POCSO Act, Police
Station - Bisrakh, District - Gautam Budh Nagar, during the pendency of
trial.
4. Considering the facts and circumstances of the case, the submissions by
learned counsel for the parties, the nature of the offence, the severity of
punishment, and notably that the informant (PW-1) and victim (PW-2)
have not supported the prosecution story and turned hostile, prima facie I
find it a fit case to release the applicant on bail.
5. 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.
6. Let the applicant- Dharmendra Kumar, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
BAIL No. 15590 of 2026
2
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.
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…