Allahabad High Court
SUNIL YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The applicant Sunil Yadav was arrested in connection with a case registered under several sections of the B.N.S. and Sections 3 and 4 of the POCSO Act, alleging rape and trafficking. The FIR was lodged by the victim's father, and the victim initially corroborated the allegations, but later, during trial, she recanted, stating she had left the house voluntarily and that the applicant had not wronged her. The applicant, a law‑abiding citizen, had been in custody since 3 December 2024 and argued that there was no material evidence against him and that custodial interrogation was unnecessary. The State opposed bail but could not dispute the change in the victim’s testimony. Considering the recantation, the nature of the offence, and the lack of compelling evidence, the court held that the applicant was entitled to bail and ordered his release on personal bond with conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape and trafficking under the B.N.S. and POCSO Act given the victim's recantation.
- Whether the change in the victim's testimony creates sufficient doubt to justify bail.
- Whether the nature of the offences and the sections invoked preclude the grant of bail.
Legislation cited
- B.N.S. — s. 137(2), 61(2), 70(1), 87, 98, 99
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
Subjects
- bail
- criminal procedure
- POCSO Act
- victim recantation
- section 137
- section 3 POCSO
- section 4 POCSO
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24949 of 2025
Sunil Yadav
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepesh Kumar Ojha, Dipanshu
Kushwaha
Counsel for Opposite Party(s) : G.A., Santosh Kr. Singh Paliwal
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Deepesh Kumar Ojha, counsel for the applicant, Sri Santosh
Kr. Singh Paliwal, counsel for the first informant, Sri Rakesh Kumar
Mishra, 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. 395 of 2024, under Section
137(2), 87, 61(2), 98, 99, 70(1) B.N.S. & Section 3/4 POCSO Act, Police
Station-Raunapar, District Azamgarh.
3. Counsel for the applicant submitted that in the FIR allegation has been
made against the applicant by the father of the victim. Even, the victim in
her statements recorded under Section 180 and 183 BNSS supported the FIR
version and also made allegation of committing rape by the applicant and
selling her in Rajasthan. However, during trial, the victim in her statement
did not support the prosecution story and clearly stated that she herself left
the house along with the applicant, and she also clearly stated that the
applicant has not enticed her away nor committed any wrong with her. It is
further submitted that the FIR has been lodged under the misapprehension
and doubt with oblique motive. It is further submitted that as on date there is
no material against the applicant. It is further submitted that the applicant
has explained the criminal history of one case. 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 03.12.2024. In case, he is granted bail, he
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2
will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned A.G.A. for the State 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 statement of the
victim in her cross-examination 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- Sunil Yadav 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.
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
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3
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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