Allahabad High Court
GOVIND KUSHWAHAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on personal bond and sureties.
Summary
The High Court considered a bail application filed by Govind Kushwaha, who was arrested on 14 March 2025 in connection with a case (Crime No.141 of 2025) involving offences under Sections 115(2), 76, 65(2), 137(2) of the IPC and Sections 5 and 6 of the POCSO Act. The applicant claimed innocence, noting that the principal witness, the victim (PW‑5), had turned hostile during trial. The State opposed bail but could not refute the applicant’s submissions. The Court, after reviewing the material and noting the hostile witness, found that prima facie the applicant was entitled to bail. Consequently, the Court ordered his release on personal bond and two sureties, subject to conditions against tampering with evidence or intimidating witnesses, and warned that breach would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused despite serious charges under the IPC and POCSO Act.
- Whether the turning hostile of the victim‑witness creates sufficient doubt to merit bail.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
Legislation cited
- Indian Penal Code — s. 115(2), 137(2), 65(2), 76
- Protection of Children from Sexual Offences Act, 2012 — s. 5, 6
Subjects
- bail
- criminal procedure
- hostile witness
- POCSO Act
- Indian Penal Code
- surety
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23109 of 2025
Govind Kushwaha
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Gupta, Hans Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.101 out of 243)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Third supplementary affidavit filed today is taken
on record. Learned A.G.A. has informed that the notice to the informant has
been served on 01.07.2025.
2. Heard Sri Abhishek Gupta, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.141 of 2025, under Sections
115(2), 76, 65(2), 137(2) BNS and Section 5/6 POCSO Act, Police Station
Surajpur, District Gautam Buddh Nagar, 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. It is
true that two witnesses have deposed against the applicant, but the star
witness is the victim, who has been examined as PW-5 during the trial, and
she has completely resiled from her earlier statements and has been cross-
examined by the Public Prosecutor after being declared hostile. There is no
likelihood of the applicant’s conviction in the present case. The applicant has
no criminal history and is in jail since 14.03.2025. He is ready to cooperate
with the trial and undertakes not to misuse the liberty of bail if released.
5. 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. 23109 of 2025
2
6. 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 PW-5/victim has turned hostile, and 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. The bail application
is allowed.
7. Let the applicant- Govind Kushwaha, 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.
(Krishan Pahal,J.)
May 12, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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