Allahabad High Court
ASHISHversusSTATE 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 Ashish under Sections 137(2), 87, 64(1) of the B.N.S. and Sections 3/4 of the POCSO Act in a case where the FIR alleged he had enticed the daughter of the first informant. The victim’s statement recorded under Sections 180 and 183 of the BNSS indicated she left the house of her own volition and she refused a medical examination, leaving the prosecution with no material evidence. The applicant, a law‑abiding citizen with no prior criminal record, had been in custody since 5 May 2026 and the charge‑sheet had already been filed. The State opposed bail but did not dispute the facts. Weighing the victim’s statement, lack of medical evidence, and the nature of the offence, the Court held that the applicant was entitled to bail and ordered his release on personal bond with two sureties and specific conditions. The order also directed electronic transmission of the bail order and compliance with procedural directives from the Supreme Court.
Issues considered
- Whether bail should be granted to the accused in a POCSO‑related offence where the victim’s statement indicates voluntary departure and no medical evidence is available.
- Whether the existence of a charge‑sheet and the applicant’s clean record justify bail despite the seriousness of the alleged offence.
Legislation cited
Subjects
- bail
- POCSO
- victim statement
- medical examination refusal
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24964 of 2026
Ashish
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Kumar
Counsel for Opposite Party(s) : G.A., Rajendra Prasad
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rajendra Kumar, counsel for the applicant, Sri Rajendra
Prasad, counsel for the first informant, Sri Roshan Kumar Singh, 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. 116 of 2026, under Section
137(2), 87, 64 (1) B.N.S. & 3/4 POCSO Act, Police Station-Bilaspur,
District- Rampur.
3. Counsel for the applicant submitted that though in the FIR allegation has
been made that the applicant has enticed away the daughter of the first
informant but the victim in her statement under Section 180 and 183 BNSS
clearly stated that she herself left the house and no wrong has been
committed by the present applicant, therefore, the applicant has not
committed any offence. It is further submitted that victim refused to undergo
her medical examination, therefore, as on date there is no material against
the applicant. It is further submitted that the applicant has no criminal
history. 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
05.05.2026. 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. for the State has vehemently opposed the
prayer for bail but could not dispute the aforesaid facts.
BAIL No. 24964 of 2026
2
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 recorded under Section 180 and 183 BNSS, coupled with the fact that
the victim has refused to undergo her medical 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- Ashish 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
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.
BAIL No. 24964 of 2026
3
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.
12. The court below is directed to conclude the trial as per the mandate of
the POCSO Act.
(Arun Kumar Singh Deshwal,J.)
September 23, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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