Allahabad High Court
VIJAYversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
The applicant Vijay was charged in Crime No. 178 of 2025 under Sections 137(2) and 64(1) of the BNS Act and Sections 3 and 4 of the POCSO Act for an alleged offence at Khekra police station, Baghpat. The victim’s statement recorded under Section 183 of the BNS Act indicated that she had consented to the act, having married the applicant in a temple and taken Rs. 40,000 and ornaments with her. She claimed to be between 16 and 17 years old, but no documentary proof was produced to establish her minority at the time of the incident. The court, after hearing counsel for both sides, held that on a prima facie basis the applicant had made out a case for bail despite the pending trial. 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 the applicant is entitled to bail despite allegations under the POCSO Act and the BNS Act
- Whether the victim’s alleged consent and lack of proof of minority affect the bail decision
Legislation cited
Subjects
- bail
- consent
- minority
- POCSO Act
- BNS Act
- criminal procedure
- victim statement
- marriage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26041 of 2025
Vijay
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 120 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 2.8.2025 but none is present on behalf of
the informant.
2. Heard Sri Krishna Kumar Sharma, learned counsel for the applicant
and 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. 178 of 2025, under Sections
137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station -
Khekra, District - Baghpat, 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 of BNS prima facie indicates
her consent, as she married the applicant in a temple. Her consent can also
be inferred from the fact that she took Rs. 40,000/- and ornaments with
her from her house. She herself has stated her age to be between 16 and
17 years, although there is no valid document on record to establish that
she was a minor at the time of the 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.
6. Let the applicant- Vijay, be released on bail on furnishing a personal
BAIL No. 26041 of 2025
2
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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