Allahabad High Court
ANASversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding the case fit for release on bail.
Summary
Anas applied for bail in a criminal case (Crime No. 30 of 2026) involving alleged offences under Sections 137(2), 74, 64(1), 123(2) of the BNS and Sections 7, 8, 3, 4 of the POCSO Act. The applicant argued that the three victims, aged between 16 and 18, were consenting parties who accompanied him on a trip and that there was no medical evidence to corroborate the alleged offences. The prosecution could not refute the consent claim or the applicant’s clean criminal record. The court noted the victims’ statements recorded under Section 183 of the BNS indicating consent and the absence of medical proof, and therefore found the case fit for bail. 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 should be granted in offences under the BNS and POCSO Acts when the victims are alleged to have consented
- Whether the age of the victims and lack of medical evidence affect the bail decision
- Whether the applicant’s clean criminal record warrants bail
Legislation cited
Subjects
- bail
- consent
- minors
- POCSO Act
- criminal procedure
- age determination
- medical evidence
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16383 of 2026
Anas
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sachin Malik
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 10 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 30.04.2026 but none is present on behalf of
the informant.
2. Heard Sri Sachin Malik, learned counsel for the applicant and Sri Sunil
Kumar, learned A.G.A. for the State and also perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 30 of 2026, under Sections
137(2), 74, 64(1), 123(2) of BNS and Sections 7/8 & 3/4 of POCSO Act,
Police Station - Khekra, District - Baghpat, during the pendency of trial.
4. Learned counsel for the applicant has submitted that there are three
victims in the instant case and that all of them are related to the applicant
and were consenting parties, inasmuch as they had accompanied the
applicant to visit Agra and Fatehpur Sikri Fort without raising any alarm
at any point of time. It has further come in the statements of the victims
that they were taken into custody by the police at Fatehpur Sikri, whereas
their recovery has been shown from District Baghpat, on the basis of
which it is argued that the alleged recovery from District Baghpat is
sham.
5. Learned counsel has further submitted that victim V1 is aged about 17
to 18 years, victim V2 is aged about 16 to 17 years, and victim V3 is aged
BAIL No. 16383 of 2026
2
about 17 to 18 years, as per the ossification test report. It is also urged
that, from their outward appearance, all the victims appear to be major
and, having regard to the inherent margin of error in such tests, a leverage
of about two years on the upper side ought to be granted to the applicant
while determining the age of the victims. There is no medical
corroboration of the incident. There is no criminal history of the
applicant. The applicant is in jail since 19.02.2026. In case, the applicant
is released on bail, he will not misuse the liberty of bail and shall
cooperate with trial.
6. Per contra, learned AGA has vehemently opposed the bail application
but unable to dispute the submissions raised by the learned counsel for the
applicant and also the fact that the applicant has no criminal history.
7. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties and also considering the statement of
the victims recorded u/s 183 BNSS which indicate towards their consent
coupled by the fact that there being no medical corroboration of the
incident, prima facie I find it a fit case to release the applicant on bail.
The bail application is allowed.
8. Let the applicant- Anas, 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.
9. 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
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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