Allahabad High Court
HARSHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the accused on a prima facie basis.
Summary
The High Court considered a bail application filed by Harsh, who was charged under Sections 65(1) and 351(3) of the BNS Act and Sections 3 and 4(2) of the POCSO Act for an alleged offence at T.P. Nagar, Meerut. The victim’s statements recorded under Sections 180 and 183 of the BNSS were found to be inconsistent and vacillating, and the FIR lacked details of date and time. No documentary proof established that the victim was a minor at the time, and there was no medical evidence to corroborate the allegations. After hearing counsel for both sides, the Court held that the victim’s version could not be believed and that, on a prima facie basis, the applicant was entitled to bail. Consequently, the Court ordered the release of the applicant on bail subject to personal bond, sureties and standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused pending trial under the BNS Act and POCSO Act given the nature of the allegations and the evidentiary record.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO Act
- evidence
- minor
- inconsistent statements
- BNS Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26128 of 2025
Harsh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjani Kumar Singh, Ashish Singh
Counsel for Opposite Party(s) : G.A., Shweta Nishad
Court No. - 65
(Sl. No. 129 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 26.07.2025 but none is present on behalf of
the informant.
2. Heard Sri Anjani Kumar Singh, learned counsel for the applicant and
Sri Abhishek Mishra, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 305 of 2025, under Sections
65(1), 351(3) of BNS and Sections 3/4(2) of POCSO Act, Police Station
- T.P. Nagar, District - Meerut, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the version of events as narrated by the victim cannot be believed. Her
statements recorded u/s 180 and 183 of BNSS, are inconsistent and
vacillating. There is no mention of the date and time of the alleged
offence in the FIR, and there is no valid document on record to establish
that the victim was a minor at the time of the incident. Furthermore, there
is no medical evidence on record to corroborate the alleged 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- Harsh, be released on bail on furnishing a personal
BAIL No. 26128 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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