Allahabad High Court
JAYPALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that he had made out a case for bail.
Summary
Jaypal was arrested in connection with a case involving offences under the Indian Penal Code and the POCSO Act. The victim, who had initially testified, turned hostile during trial, undermining the prosecution's case. The applicant pleaded innocence, asserted no prior criminal record, and argued that he would not misuse bail. The State opposed bail but could not refute the applicant's submissions. Considering the hostile witness and lack of convincing evidence, the court found that the applicant had made out a case for bail and ordered his release on personal bond and sureties with standard conditions.
Issues considered
- Whether bail should be granted to the accused given the charges under IPC and POCSO Act and the victim's hostile testimony.
Legislation cited
- Indian Penal Code — s. 351(2), 351(3), 64(2)M, 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 3/4(2), 5(L)/6
Subjects
- bail
- hostile witness
- POCSO Act
- Indian Penal Code
- criminal procedure
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22262 of 2025
Jaypal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Sahu, Sudarshan Singh
Counsel for Opposite Party(s) : G.A., Rakesh Kumar Singh
Court No. - 65
(Sr. No.106 out of 277)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sudarshan Singh, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record. Learned counsel for the informant is not present.
3. Applicant seeks bail in Case Crime No.345 of 2025, under Sections
64(2)M, 65(1), 351(2), 351(3) BNS and 3/4(2), 5(L)/6 POCSO Act, Police
Station Faridpur, District Bareilly, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim has been examined as PW-1 during trial and she has completely
resiled from her earlier statements and has been cross-examined by the
public prosecutor after declaring her hostile. There is no likelihood of
conviction of the applicant in the present case.
5. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
13.5.2025 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
BAIL No. 22262 of 2025
2
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that the victim/PW-1 has turned hostile, and without
expressing any opinion on the merits of the case, the Court is of the view
that the applicant has made out a case for bail. The bail application is
allowed.
8. Let the applicant- Jaypal, 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.)
April 20, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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