Allahabad High Court
DAYASHANKAR RAJBHARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Dayashankar Rajbhar, who was arrested in connection with offences under sections 65(1), 115(2), 352, 351(3) of the B.N.S. and sections 5L/6 of the POCSO Act, alleging sexual exploitation of a minor girl aged 15 years and 3 months. The applicant contended that he was falsely implicated, that the medico‑legal report did not support a rape allegation, and that he had no prior criminal record, having been in custody since 19‑May‑2026. The State opposed bail, emphasizing the victim's minor status and the alleged false promise of marriage leading to a physical relationship. The Court, while noting the seriousness of the charge, applied the Supreme Court’s recent guidelines on bail, the need to decongest prisons, and the lack of incriminating material, and therefore held that the applicant was entitled to bail. Bail was granted subject to a personal bond, two sureties, and strict conditions to prevent tampering with evidence or further offences.
Issues considered
- What is the appropriate standard for granting bail in a case involving alleged sexual offences against a minor under the POCSO Act?
- Does the absence of corroborative medico‑legal evidence and the claim of false implication justify the grant of bail?
- Should considerations such as jail overcrowding and Supreme Court bail guidelines influence the decision?
Legislation cited
Subjects
- bail
- POCSO
- minor victim
- false promise of marriage
- jail overcrowding
- Supreme Court bail guidelines
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26257 of 2026
Dayashankar Rajbhar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kalp Dev Mishra, Sanjay Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rohit Kumar, holding brief of Shri Kalp Dev Mishra,
learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A.
for the State and perused the record. At the very outset, learned AGA
submits that the notice has been served on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 117 of 2026, under Sections 65(1),
115(2), 352, 351(3) of B.N.S. and Section 5L/6 of POCSO Act, Police
Station Karimuddinpur, District Ghazipur, during the pendency of the
trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the medico
legal report does not support the allegation of commission of rape on her
and the age of the victim has been found to be 15 years and 3 months as
per certificate of high school and the age of the victim has been found to
be 17-18 years as per ossification test. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 19.05.2026, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that the victim is a minor girl aged about
15 years and 3 months and the victim in her statement recorded under
BAIL No. 26257 of 2026
2
Sections 180 and 183 BNSS has stated that the applicant established
physical relationship with her on the false promise of marriage.
5. As per first information report, the applicant is said to have established
physical relationship with the victim on the false promise of marriage for
the last two years and the medico legal report does not support the
allegation of commission of rape on her and the age of the victim has
been found to be 15 years and 3 months as per certificate of high school
and the age of the victim has been found to be 17-18 years as per
ossification test. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
19.05.2026.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Dayashankar Rajbhar involved in the
aforementioned 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, with the following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
BAIL No. 26257 of 2026
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without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Ghazipur via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 8, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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