Allahabad High Court
AKHILESH VISHWAKARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the accused on a prima facie basis.
Summary
The applicant, Akhilesh Vishwakarma, sought bail in Criminal Case No. 38 of 2025, charged under Sections 137(2), 87, 64(2)(i) of the Indian Penal Code, and Sections 3 and 4 of the POCSO Act. The victim’s statement under Section 183 indicated she had voluntarily accompanied the applicant to Bengaluru and did not raise alarm, and there was no medical evidence corroborating the alleged offence. The court examined the material on record, the victim’s consent, and the lack of medical proof. Finding that the applicant had made out a case for bail on a prima facie basis, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail order was issued pending trial, with a warning that breach of conditions would lead to cancellation.
Issues considered
- Whether bail should be granted to the accused despite charges under the IPC and POCSO Act.
- Whether the victim's statement indicating consent negates the seriousness of the alleged offence.
- Whether the absence of medical evidence affects the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 64(2)(i), 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- criminal procedure
- consent
- POCSO
- victim statement
- medical evidence
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26070 of 2025
Akhilesh Vishwakarma
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : G.A., Nagendra Kumar Tripathi, Rajesh
Kumar Singh
Counsel for Opposite Party(s) : Mata Pher
Court No. - 65
HON'BLE KRISHAN PAHAL, J.
1. As per office report dated 23.7.2026, the complete file got misplaced in
transition/receiving/placing and could not be traced so far.
2. Let the file be reconstructed. Office shall take every endeavour to get
the file reconstructed.
3. List has been revised. As informed by learned State Law Officer, notice to
the informant has been served on 9.7.2025.
4. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri J.K.
Chaurasia, learned State Law Officer and perused the material placed on
record.
5. Applicant seeks bail in Case Crime No. 38 of 2025, under Sections
137(2), 87, 64(2)(i) BNS and 3/4 POCSO Act, Police Station AIIMS,
District Gorakhpur, during the pendency of trial.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded u/s 183 BNSS, whereby
she seems to be consenting party, as she had gone with the applicant all the
way to Bengaluru and did not raise any alarm during the said sojourn; there
being no medical corroboration of the incident and without expressing any
opinion on the merits of the case, prima facie, the Court is of the view that
BAIL No. 26070 of 2025
2
the applicant has made out a case for bail. Accordingly, the bail application
is allowed.
7. Let the applicant- Akhilesh Vishwakarma, who is involved in
aforementioned case crime be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to verification of sureties, with the condition that he shall
not tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
8. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…