Allahabad High Court
BARDANIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant on the basis of a prima facie case and the circumstances of the case.
Summary
The applicant, Bardani, filed a bail application in Criminal Case No. 44 of 2025, which involved offences under Sections 137(2), 87, 65(1), 351(2) of the BNS Act and Sections 5 and 6 of the POCSO Act. The court examined the facts, the seriousness of the alleged offences, and noted that the victim (PW‑2) had turned hostile. Considering these circumstances, the court found that the applicant had made a prima facie case for bail. Without passing on the merits of the case, the court ordered that bail be granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail order was issued on April 23, 2026, with a warning that breach of conditions would lead to cancellation.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 137(2), 87, 65(1), 351(2) of the BNS Act and Sections 5 and 6 of the POCSO Act despite the seriousness of the offences.
- Whether the hostile stance of the victim affects the applicant's entitlement to bail.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- hostile witness
- trial
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26046 of 2025
Bardani
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Pal, Madhu Lata Singh,
Rajesh Kumar, Sanjeev Kumar Khare,
Udayveer Singh
Counsel for Opposite Party(s) : G.A., Rafeek Ahmad Khan
Court No. - 65
(Sl. No. 121 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the
learned counsel for the applicant is taken on record.
2. Heard Sri Udayveer Singh and Ms. Madhu Lata Singh, learned
counsels for the applicant and Sri Pankaj Kumar Chaubey, Advocate
holding brief of Sri Rafeek Ahmad Khan, learned counsel for the
informant as well as Sri Jai Kishan Chaurasia, learned State Law Officer
and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 44 of 2025, under Sections
137(2), 87, 65(1), 351(2) of BNS and Sections 5/6 of POCSO Act,
Police Station - Kabrai, District - Mahoba, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, nature of offence, severity of
punishment and also considering the victim (P.W. 2) has turned hostile,
prima facie I find it a fit case to release the applicant on bail.
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- Bardani, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
BAIL No. 26046 of 2025
2
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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