Allahabad High Court
NIKHIL PRASADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Nikhil Prasad, who was charged under Sections 137(2), 115(2), 64, 351(3) of the BNS and Sections 3 and 4 of the POCSO Act for an alleged offence at Kaptanganj, Kushinagar. The victim, aged about 20, gave a statement under Section 183 of the BNS indicating consent, and no medical evidence was produced to corroborate the allegations. The State Law Officer could not produce the informant despite a notice. After hearing both sides, the Court held that, on a prima facie basis, the applicant had satisfied the criteria for bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order does not prejudice the trial on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the BNS and POCSO Act, considering the victim's consent and lack of medical evidence.
Legislation cited
Subjects
- bail
- consent
- POCSO Act
- victim testimony
- medical evidence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26365 of 2025
Nikhil Prasad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abrendra Patel, Rajesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 118 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice
to the informant has been served on 27.07.2025 but none is present on
behalf of the informant.
2. Heard Sri Abrendra Patel, learned counsel for the applicant and Sri Jai
Kishan Chaurasia, learned State Law Officer and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 129 of 2025, under Sections
137(2), 115(2), 64, 351(3) of BNS and Sections 3/4 of POCSO Act,
Police Station - Kaptanganj, District - Kushinagar, 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 indicates her consent.
As per ossification test report, she is aged about 20 years. Moreover, 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- Nikhil Prasad, 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
BAIL No. 26365 of 2025
2
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 2, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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