Allahabad High Court
KRISHNAKANT ALIAS CHUNNU BARARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant had made out a case for bail and therefore the bail application was allowed.
Summary
The applicant, Krishnakant Alias Chunnu Barar, sought bail in a criminal case (Crime No. 177 of 2025) involving alleged offences under Sections 137(2) and 65(1) of the BNS Act and Sections 3 and 4 of the POCSO Act. The victim, a 17‑year‑old girl, had reportedly given consent and later married the applicant, but no documentary proof of her minority or medical evidence was presented. The court examined the victim’s statement recorded under Section 183 of the BNSS, noting the lack of corroborative evidence. On a prima facie basis, the court concluded that the applicant had established sufficient grounds for bail. Consequently, the bail application was allowed subject to a personal bond, sureties, and standard conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 65(1) of the BNS Act and Sections 3 and 4 of the POCSO Act given the alleged consent of the victim
- Whether the alleged age of the victim and absence of medical evidence affect the bail decision
Legislation cited
Subjects
- bail
- POCSO Act
- consent
- minor
- criminal procedure
- BNS Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25934 of 2025
Krishnakant Alias Chunnu Barar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Nanhe Lal Tripathi
Counsel for Opposite Party(s) : G.A., Yakub Ansari
Court No. - 65
(Sl. No. 118 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 22.07.2025 but none is present on behalf of
the informant.
2. Supplementary affidavit filed today by the learned counsel for the
applicant is taken on record.
3. Heard Ms. Priya Chand, Advocate holding brief of Sri Nanhe Lal
Tripathi, learned counsel for the applicant and Sri Sunil Kumar, learned
A.G.A. for the State and also perused the material placed on record.
4. Applicant seeks bail in Case Crime No. 177 of 2025, under Sections
137(2), 65(1) of BNS and Sections 3/4 of POCSO Act, Police Station -
Talbehat, District - Lalitpur, during the pendency of trial.
5. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS prima facie indicates
her consent as she had accompanied the applicant from Lalitpur to
Bageshwar Dham and married her. She herself has stated her age to be 17
years old although there is no valid document on record to indicate that
the victim was minor at the time of incident. Furthermore, there is no
medical evidence on record to corroborate the alleged incident.
6. 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.
BAIL No. 25934 of 2025
2
Accordingly, the bail application is allowed.
7. Let the applicant- Krishnakant Alias Chunnu Barar, 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.
8. 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
Checking your session…