Allahabad High Court
RINKU GOLAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Rinku Gola, who was charged in Crime No. 554 of 2025 under sections of the CrPC, the B.N.S., the POCSO Act and the S.C/S.T. Act for allegedly enticing a minor and creating obscene material. The applicant argued that an earlier FIR and a prior bail order demonstrated that the alleged video and photographs were never recovered, the victim’s statement under Sections 180 and 183 BNSS indicated a consensual relationship, and the medical report showed no injuries. The State opposed bail but did not dispute these factual assertions. Weighing the lack of physical evidence, the victim’s statement, the medical report, the applicant’s clean criminal record and the filing of a charge‑sheet, the Court held that the applicant was entitled to bail. Consequently, the bail application was allowed subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual offences under the POCSO and S.C/S.T. Acts despite the nature of the allegations.
- Whether the victim’s statement under Sections 180 and 183 BNSS and the absence of medical injuries negate the necessity for custodial interrogation.
Legislation cited
- B.N.S. — s. 180, 183
- Code of Criminal Procedure, 1973 — s. 137(2), 64(1)
- POCSO Act — s. 3, 4
- S.C./S.T. Act — s. 3(2)(5)
Subjects
- bail
- POCSO
- sexual offences
- victim statement
- medical report
- no prior criminal record
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 18421 of 2026
Rinku Gola
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Asharfi Lal, Ram Raj Prajapati, Sanjay
Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. No one appeared on behalf of the first informant despite service of notice
by the police.
2. Heard Sri Sanjay Kumar Dwivedi, counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 554 of 2025, under Sections
137(2), 64(1), B.N.S., Section 3/4 POCSO Act, and Section 3(2)(5) of
S.C/S.T. Act, Police Station- Gowardhan, District Mathura.
4. Counsel for the applicant submitted that prior to the present FIR, an FIR
was lodged on 13.08.2025 against the applicant with the allegation that the
applicant has enticed away the daughter of the first informant on the false
promise of marriage and also prepared video and photograph of the victim of
intimate moment; and on the basis of that obscene video and photograph, the
applicant established physical relationship with the victim on several
occasions; thereafter the victim was recovered by the police and her
statements under Section 180 and 183 BNSS were recorded, wherein she
admitted this fact that she was in relationship with the applicant and the
applicant has not committed any wrong with her; thereafter the mother of the
victim lodged the present FIR on the basis of same allegation, which was the
subject matter of the earlier FIR; and she also stated that the earlier
statement of the victim under Section 180 and 183 BNSS was incorrectly
recorded. Counsel for the applicant submitted that the applicant was released
BAIL No. 18421 of 2026
2
on bail in the earlier case regarding the same incident in Criminal Misc. Bail
Application No.3058 of 2026 vide order dated 28.03.2026. Thereafter, just
to pressurize the applicant, the present FIR was lodged. It is further
submitted that no such video or photograph as alleged in the FIR as well as
in the statement of the victim was recovered by the police during
investigation. It is further submitted that the applicant has no criminal
history. It is further submitted that the medical examination report of the
victim does not show any mark of injury or any sign of sexual assault. It is
further submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The applicant is
a law abiding citizen and he is languishing in jail since 28.01.2026. In case,
he is granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the statement of the
victim recorded under Section 180 and 183 BNSS; also taking into account
the medical examination report of the victim and keeping in view the nature
of offence, evidence, complicity of accused and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail. Accordingly, the bail application is allowed.
7. Let the applicant- Rinku Gola involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two sureties each in
the like amount, to the satisfaction of the court concerned, with the following
conditions:-
i. The applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
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iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or on e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the order of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 29, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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