Allahabad High Court
MUKESH SAHANIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail, finding a prima facie case for bail in favor of the applicant.
Summary
Mukesh Sahani applied for bail in a criminal case (Crime No. 171 of 2024) involving charges under IPC sections 363, 366, 376(3) and POCSO Act sections 5 and 6. The victim’s statement recorded under Section 183 indicated consent, as she had accompanied the applicant to Bengaluru for three months without raising alarm. No document was produced to show the victim was a minor at the time, and there was no medical evidence to corroborate the alleged offences. The court examined the material and, without passing on the merits, held that the applicant had made out a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether bail should be granted to the accused despite serious charges under IPC and POCSO Act
- Whether the victim's statement indicating consent negates the prima facie case for offences
- Whether the absence of evidence of the victim's minority and medical proof affects bail eligibility
Legislation cited
- Indian Penal Code — s. 363, 366, 376(3)
- Protection of Children from Sexual Offences Act, 2012 — s. 5, 6
Subjects
- bail
- criminal procedure
- consent
- IPC
- POCSO
- victim testimony
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26347 of 2025
Mukesh Sahani
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Kumar Mishra, Sanjay Shukla
Counsel for Opposite Party(s) : G.A., Ved Prakash Mishra
Court No. - 65
(Sl. No. 134 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 J.B. Singh, Advocate holding brief of Sri Sanjay Shukla,
learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for
the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 171 of 2024, under Sections
363, 366, 376(3) of IPC and Sections 5/6 of POCSO Act, Police Station
- Sector 39 Noida, District - Gautam Buddh Nagar, 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
Bengaluru and stayed there for about three months and has not raised any
alarm whatsoever. There is no valid document on record to indicate that
the victim was minor at the time of 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.
BAIL No. 26347 of 2025
2
6. Let the applicant- Mukesh Sahani, 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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