Allahabad High Court
SATISH KUMAR ALIAS GOLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release pending trial.
Summary
Satish Kumar Alias Golu applied for bail in a criminal case (Crime No.119 of 2025) involving offences under Sections 137(2), 87, 351(2), 65(1) of the BNS Act and Sections 3 and 4(2) of the POCSO Act. The victim, aged 16-18, had travelled with the applicant to Pune and did not raise any alarm, leading the court to consider her as a consenting party. The State Law Officer confirmed that a notice to the informant had been served and the original ossification test report was on record. After hearing arguments from both sides and reviewing the material, the court held that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused in offences under the BNS Act and POCSO Act given the victim's age and alleged consent
- Whether the presence of an ossification test report and service of notice to the informant affect the bail decision
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- consent
- victim age
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25431 of 2025
Satish Kumar Alias Golu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kanchan Devi, Mohabbat Bi, Mohd
Imdad Siddiqui, Shiv Babu Verma,
Suneel Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.112 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that the
notice to the informant has been served on 21.07.2025. The original
ossification test report has been received, and as per the said report, the
victim is 16-18 years old.
2. Heard Sri Suneel Kumar Mishra, Sri Mohd. Imdad Siddiqui, learned
counsels for the applicant, 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.119 of 2025, under Sections
137(2), 87, 351(2), 65(1) of BNS and Section 3/4(2) of POCSO Act, Police
Station Saraimumrez, District Prayagraj, 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 that the victim appears to be a consenting party, as she had
gone with the applicant all the way to Pune, Maharashtra by different modes
of transportation and did not raise any alarm whatsoever, 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- Satish Kumar Alias Golu, be released on bail on
BAIL No. 25431 of 2025
2
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.
6. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
7. The original ossification test report received shall be returned to the office
of the C.M.O. concerned after retaining the photostat copies of the same on
record.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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