Allahabad High Court
HARIDEVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The applicant, Haridev, filed a bail application in a criminal case (Crime No.153 of 2024) involving alleged offences under Sections 363 and 376 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. The court examined the facts, including a two‑day delay in filing the FIR and the victim's statement indicating consent under Section 183. After hearing counsel for both sides and reviewing the material on record, the court found that the applicant had made out a prima facie case for bail. Without expressing an opinion on the merits, the court allowed the bail application, directing release on personal bond and two sureties with standard conditions. The order also warned that breach of conditions would lead to cancellation of bail and clarified that the observations do not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case involving alleged theft, rape and offences under the POCSO Act, considering the delay in FIR registration and the victim's alleged consent.
- Whether the applicant is entitled to bail pending trial.
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 363, 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- Indian Penal Code
- POCSO Act
- consent
- FIR delay
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24793 of 2025
Haridev
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Shahrum Khan
Counsel for Opposite Party(s) : G.A., Raj Narayan Singh
Court No. - 65
(Sr. No.107 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohammad Shahrum Khan, learned counsel for the applicant,
Sri Raj Narayan Singh, learned counsel for the informant, Sri R.P. Patel,
learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.153 of 2024, under Sections 363,
376 I.P.C. and 3/4 POCSO Act, Police Station Sumerpur, District Hamirpur,
during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration the delay of about 2 days in the institution of the FIR and the
fact that the victim appears to be a consenting party as per her statement
recorded under Section 183 B.N.S.S., 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. Accordingly, the bail application is allowed.
5. Let the applicant- Haridev, 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.
BAIL No. 24793 of 2025
2
6. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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