Allahabad High Court
SHASHIKANT AHIRWARversusSTATE 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 applicant, Shashikant Ahirwar, was charged under Sections 137(2), 87, 64(1) of the BNS Act and Sections 5 and 6 of the POCSO Act for an alleged offence in Jalaun. The victim, a girl of about 16 years, testified that she had consented to the relationship, having accompanied the applicant from Jhansi to Maharashtra and subsequently married him. The court noted that, per Supreme Court precedent, a two‑year margin may be allowed in determining the victim’s age and that no medical evidence corroborated the alleged crime. On a prima facie basis, the court found that the applicant had satisfied the criteria for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail should be granted to the accused under the BNS Act and POCSO Act given the victim's alleged consent and age.
- Whether the lack of medical evidence and the two‑year age margin affect the bail decision.
Legislation cited
Subjects
- bail
- consent
- age of victim
- POCSO
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25162 of 2025
Shashikant Ahirwar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Krishna Yadav, Tarun Jha
Counsel for Opposite Party(s) : G.A., Rajesh Kumar, Sarita Dwivedi,
Satyam Mishra
Court No. - 65
(Sl. No. 110 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Tarun Jha, learned counsel for the applicant and Sri Rajesh
Kumar, learned counsel for the informant, Ms. Sarita Dwivedi, learned
counsel for High Court Legal Services Committee as well as Sri Deepak
Kumar Singh, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 21 of 2025, under Sections
137(2), 87, 64(1) of BNS and Sections 5/6 of POCSO Act, Police
Station - Et, District - Jalaun, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS indicates her consent,
as she had accompanied the applicant from Jhansi to Maharashtra and
married him. As per her own statement, she is about 16 years old, and in
view of the settled law of the Supreme Court, a margin of two years on
the upper side is to be allowed while determining her age. Moreover,
there is no medical evidence on record to corroborate the alleged
incident.
5. 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.
BAIL No. 25162 of 2025
2
6. Let the applicant- Shashikant Ahirwar, 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.
7. 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
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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