Allahabad High Court
ATUL KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis of consent, the applicant was entitled to bail.
Summary
The High Court considered a bail application filed by Atul Kumar, who was charged under Sections 65(1), 115(2), 352 of the BNS Act and Sections 3 and 4 of the POCSO Act for an alleged offence that began as outraging modesty and was later escalated to rape. The victim’s statement recorded under Section 183 of the BNS Act indicated that the act was consensual, as she mentioned her father had seen them and she subsequently ran away. The court, without delving into the merits of the case, held that the prima facie evidence of consent created a sufficient ground for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions against tampering with evidence or intimidating witnesses. The order emphasized that the bail grant does not affect the trial on the merits.
Issues considered
- Whether bail should be granted in a case where the FIR was initially for outraging modesty but later escalated to rape, given the victim’s claim of consent.
- Whether the offences alleged under the BNS Act and POCSO Act are bailable in the circumstances presented.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
Legislation cited
Subjects
- bail
- criminal procedure
- consent
- rape
- POCSO
- surety
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25823 of 2025
Atul Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Madan Mohan Srivastava, Siya Ram
Sahu
Counsel for Opposite Party(s) : G.A., Vartika Singh
Court No. - 65
(Sl. No. 115 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 21.06.2025 but none is present on behalf of
the informant.
2. Heard Sri Madan Mohan Srivastava, learned counsel for the applicant
and Ms. Vartika Singh, learned counsel for High Court Legal Services
Committee as well as Sri Sunil Kumar, learned A.G.A. for the State and
also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 244 of 2024, under Sections
65(1), 115(2), 352 of BNS and Sections 3/4 of POCSO Act, Police
Station - Atarra, District - Banda, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the FIR was instituted only with regard to outraging of modesty, but the
allegations have since been escalated to that of rape. The statement of the
victim recorded u/s 183 of BNSS, prima facie indicates her consent, as
she has stated that her father had seen them, following which the
applicant ran away from the place of occurrence.
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. 25823 of 2025
2
6. Let the applicant- Atul Kumar, 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 23, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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