Allahabad High Court
SATENDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that, on a prima facie basis, the applicant is entitled to bail.
Summary
The applicant, Satendra, filed a bail application in Criminal Case No. 509 of 2025, which alleged offences under Sections 137(2) and 64(1) of the BNS and Sections 3 and 4 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNS suggested consent, noting that she had accompanied the applicant to Mumbai without raising alarm. A forensic report placed the victim’s age at approximately 18 years, with a margin of error of one to two years, and no medical evidence was presented to substantiate the alleged crime. The Court examined the material, found that the prosecution’s case was not strong enough to deny bail, and concluded that the applicant had made out a prima facie case for bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and standard conditions of non‑tampering with evidence and appearance before the trial court. The order expressly stated that the bail grant does not prejudice the trial on the merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the BNS and POCSO Act given the victim’s alleged consent and lack of medical evidence.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO Act
- consent
- victim age
- medical evidence
- prima facie
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16448 of 2026
Satendra
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Narayan Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 26 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 6.5.2026 but none is present on behalf of
the informant.
2. Heard Sri Raj Narayan Singh, learned counsel for the applicant and Sri
V.K.S. Parmar, learned A.G.A. for the State and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 509 of 2025, under Sections
137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station -
Baberu, District - Banda, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS prima facie indicates
her consent as she had accompanied the applicant all the way to Mumbai
without raising any alarm whatsoever. As per the ossification test report,
the victim is stated to be about 18 years of age which carries a margin of
error of 1–2 years. Furthermore, there is no medical evidence on record to
corroborate the alleged incident.
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- Satendra, be released on bail on furnishing a
BAIL No. 16448 of 2026
2
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.
7. 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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