Allahabad High Court
DINESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Dinesh, who was arrested on 24‑04‑2025 in connection with a case (Crime No.06 of 2025) involving alleged offences under Sections 137(2), 64, 61, 87 of the Indian Penal Code, Sections 3 and 4 of the POCSO Act and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006. The applicant pleaded innocence, stating that the alleged victim, who had stayed with and married him, was a consenting party and did not support the prosecution’s case during trial. The State opposed bail but did not dispute the applicant’s submissions. The Court, noting the lack of victim testimony against the applicant, his clean record, and the prima facie view that he was not likely to be convicted, granted bail subject to a personal bond, sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and did not prejudice the trial on merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial despite the serious nature of the charges.
- Whether the lack of victim testimony creates a prima facie case for bail.
Legislation cited
- Indian Penal Code — s. 137(2), 61, 64, 87
- Prohibition of Child Marriage Act, 2006 — s. 10, 9
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 3, 4
Subjects
- bail
- criminal procedure
- prima facie
- POCSO Act
- Child Marriage Act
- witness testimony
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25094 of 2025
Dinesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.106 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 18.7.2025.
2. Supplementary affidavit filed by learned counsel for the applicant is taken
on record.
3. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
4. Applicant seeks bail in Case Crime No.06 of 2025, under Sections 137(2),
64, 61, 87 BNS, 3/4 POCSO Act and 9/10 Prohibition of Child Marriage
Act, 2006, Police Station Sonakpur, District Moradabad, during the
pendency of trial.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party as she had stayed with the applicant and married
him. The victim has been examined as PW-2 and she has not supported the
prosecution story during trial. As such, there is no likelihood of conviction
of the applicant in the present case. The applicant has no criminal history
and is in jail since 24.4.2025. He undertakes to cooperate with the trial and
not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but could
BAIL No. 25094 of 2025
2
not dispute the submissions made by the counsel for the applicant.
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 victim/PW-2 has not supported the prosecution
story during trial, 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.
8. Let the applicant- Dinesh, 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 2, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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