Allahabad High Court
RAVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, finding a prima facie case for bail.
Summary
The applicant Ravi was charged under sections 137(2), 87 and 64 of the BNS and sections 3 and 4 of the POCSO Act for an alleged offence in Etawah. The victim, a 17‑year‑old girl, had accompanied the applicant to Rajasthan and did not raise any alarm, leading the trial court to record a statement indicating her consent. The court examined the victim’s age, noting that the school progress report could not be relied upon under section 94 of the Juvenile Justice (Care and Protection) Act and that, per the Supreme Court in P. Yuvaprakash, only a matriculation certificate or a municipal/panchayat certificate is admissible in the absence of birth records. No medical evidence was produced to corroborate the alleged crime. After considering the pleadings, the court held that, on a prima facie basis, the applicant had satisfied the criteria for bail and therefore granted bail with standard conditions.
Issues considered
- Whether the applicant is entitled to bail despite the allegations under the BNS and POCSO Acts.
- Whether the victim’s age can be conclusively established for the purpose of invoking the Juvenile Justice Act.
- Whether the consent of the victim, as recorded, negates the seriousness of the charges for bail considerations.
Legislation cited
- BNS — s. 137(2), 64, 87
- Juvenile Justice (Care and Protection) Act — s. 94
- POCSO Act — s. 3, 4
Subjects
- bail
- consent
- minor
- age determination
- POCSO
- Juvenile Justice Act
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26139 of 2025
Ravi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Yadav, Akash Mishra,
Bijay Kumar
Counsel for Opposite Party(s) : Deeksha Gupta, G.A.
Court No. - 65
(Sl. No. 130 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 24.07.2025 but none is present on behalf of
the informant.
2. Heard Sri Akash Mishra, learned counsel for the applicant and Ms.
Diksha Gupta, learned counsel for High Court Legal Services Committee
as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also
perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 62 of 2025, under Sections
137(2), 87, 64 of BNS and Sections 3/4 of POCSO Act, Police Station -
Friends Colony, District - Etawah, 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 BNSS prima facie indicates
her consent as she had accompanied the applicant all the way to Rajasthan
from her native place Etawah and has not raised any alarm whatsoever.
As per her school progress report, she is 17 years old on the date of the
incident however, the said document cannot be relied upon in view of the
provisions of Section 94 of the Juvenile Justice (Care and Protection) Act.
There is no other valid document on record to establish that the victim
was a minor at the relevant time. Moreover, in light of the law laid down
by the Supreme Court in P. Yuvaprakash vs. State Rep. by Inspector of
BAIL No. 26139 of 2025
2
Police (AIR 2023 SC 3525), only a matriculation or equivalent
certificate, or a certificate issued by a municipal authority or Panchayat,
can be relied upon for determination of age in the absence of birth
records. 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- Ravi, 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.
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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