Allahabad High Court
VISHAL PARIHARversusSTATE OF U.P.AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and allowed the bail application.
Summary
Vishal Parihar applied for bail in a criminal case (Crime No. 25 of 2025) involving offences under Sections 137(2), 87, 64 of the BNS Act and Sections 5J(2) and 6 of the POCSO Act. The court noted a 20‑day delay in lodging the FIR but observed that the victim’s statement indicated consent and that she was residing with the applicant’s paternal aunt. The victim’s consent and the applicant’s undertaking to care for her and her child were not contested by the informant. Without passing on the merits, the court found a prima facie case for bail and ordered the applicant’s release on personal bond and two sureties, with standard conditions and a requirement to deposit Rs. 1,00,000 in a fixed deposit for the victim’s offspring. The bail was granted subject to compliance with the conditions and verification of sureties.
Issues considered
- Whether the delay of 20 days in filing the FIR warrants denial of bail
- Whether the victim’s alleged consent and circumstances create a prima facie case for bail under the BNS and POCSO statutes
- Whether bail can be granted with conditions including a fixed deposit for the victim’s offspring
Legislation cited
Subjects
- bail
- delay in FIR
- consent
- POCSO Act
- BNS Act
- sureties
- fixed deposit
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16449 of 2026
Vishal Parihar
.....Applicant(s)
Versus
State Of U.P.And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ganga Bhushan Mishra
Counsel for Opposite Party(s) : Ankit Sharma, G.A.
Court No. - 65
(Sl. No. 27 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ganga Bhushan Mishra, learned counsel for the applicant
and Sri Ankit Sharma, learned counsel for the informant as well as 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. 25 of 2025, under Sections
137(2), 87, 64 of BNS and Sections 5J(2)/6 of POCSO Act, Police
Station - Et, District - Jalaun, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
there is an inordinate delay of 20 days in lodging the FIR. The statement
of the victim recorded u/s 183 BNSS prima facie indicates her consent,
inasmuch as she had voluntarily accompanied the applicant and was
found to be pregnant at the time of her recovery. It is further noted that
she is presently residing in the house of the applicant’s paternal aunt (Bua
ji), and the applicant has undertaken to make every endeavour to take care
of both the victim and her daughter.
5. The aforesaid fact has also not been disputed by learned counsel for the
informant.
6. 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.
BAIL No. 16449 of 2026
2
Accordingly, the bail application is allowed.
7. Let the applicant- Vishal Parihar, 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.
9. However, the applicant is directed to deposit a sum of Rs.
1,00,000/- (Rupees One Lakh) in a fixed deposit in the name of the
offspring through legal guardian (victim/her mother) within a period
of six months from the date of his release from jail.
(Krishan Pahal,J.)
May 14, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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