Allahabad High Court
HIMANSHU KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Himanshu Kumar, who was arrested under several sections of the B.N.S. and the POCSO Act for alleged inappropriate touching of a minor. The victim’s statements recorded under Sections 180 and 183 of the B.N.S. were contradictory, and the medical examination report showed no injuries. The applicant had no prior criminal record and a charge sheet had already been filed, eliminating the need for custodial interrogation. The State opposed bail but did not dispute the factual matrix. Weighing the contradictions, the nature of the offence, and the applicant’s clean record, the Court held that he was entitled to bail, subject to strict conditions, and ordered his release on personal bond and sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 64(2)(i)(m), 74, 75(1), 351(4), 127(1) of the B.N.S. and Sections 5(1) & 6 of the POCSO Act in view of contradictory victim statements and the nature of the alleged offence.
Legislation cited
Subjects
- bail
- contradictory statements
- POCSO
- sexual assault allegation
- medical examination report
- no prior criminal record
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 18858 of 2026
Himanshu Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Gautam
Counsel for Opposite Party(s) : Ajay Singh Yadav, G.A., Sachin Yadav
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Brijesh Kumar Gautam, counsel for the applicant, Sri Ajay
Singh Yadav, counsel for the first informant, Sri D.P.S. Chauhan, learned
A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 80 of 2026, under Section
64(2)(i)(m), 74, 75(1), 351(4) & 127(1) B.N.S. and Section 5(1)/6 POCSO
Act, Police Station Madhuban Bapudham, District Ghaziabad.
3. Counsel for the applicant submitted that in the FIR allegation has been
made that the applicant and the co-accused touched the victim
inappropriately. Thereafter, someone called the police and the police
arrested the applicant. It is further submitted that the victim in her statement
recorded under Section 180 BNSS made allegation of touching her
inappropriately by the applicant; but subsequently when the applicant was
released from the police station then the victim in her statement recorded
under Section 183 BNSS accepted the fact that the applicant and the victim
were in relationship and during that period, the applicant established
physical relationship with the victim and started misbehaving with her and
then the victim decided not to talk with the applicant; thereafter the applicant
started harassing her. It is further submitted that there is serious
contradiction in the statements of the victim recorded under Section 180 and
183 BNSS. It is further submitted that the medical examination report of the
victim does not show any mark of injury or any sexual assault. It is further
submitted that the applicant has no criminal history. It is further submitted
BAIL No. 18858 of 2026
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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 01.04.2026. In case, he is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned A.G.A. as well as counsel for the first informant has
vehemently opposed the prayer for bail but could not dispute the aforesaid
facts.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the serious contradiction
in the statements 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.
6. Let the applicant- Himanshu Kumar 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.
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.
v. The applicant shall not approach the victim either physically or through
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social media till the conclusion of the trial.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. 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.
10. 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.
11. 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 23, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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