Allahabad High Court
PARAMVEER @ LALAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted as the applicant made out a prima facie case for release despite the pending trial.
Summary
The High Court of Allahabad considered a bail application filed by Paramveer @ Lala, who was charged under Sections 70(2) and 351(3) of the BNS Act and Sections 5 and 6 of the POCSO Act for an alleged offence at Khakhreru police station. The court noted an inordinate one‑day delay in lodging the FIR and found the victim’s statement unreliable due to the absence of medical evidence and lack of any documented injury. The victim, who was 18 years old, could not substantiate the allegations, leading the court to conclude that the prosecution’s case was weak on a prima facie basis. Without passing on the merits, the court held that the applicant had satisfied the criteria for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether the delay in filing the FIR and lack of medical evidence justify granting bail.
- Whether the allegations under Sections 70(2), 351(3) of BNS and Sections 5,6 of the POCSO Act warrant denial of bail.
Legislation cited
Subjects
- bail
- delay in FIR
- medical evidence
- POCSO Act
- reliability of victim statement
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26826 of 2025
Paramveer @ Lala
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Diwakar
Shukla, Ranjana Gaur
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 136 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 16.07.2025 but none is present on behalf of
the informant.
2. Heard Sri Diwakar Shukla, learned counsel for the applicant and Sri
Deepak Kumar Singh, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 30 of 2025, under Sections
70(2), 351(3) of BNS and Sections 5/6 of POCSO Act, Police Station -
Khakhreru, District - Fatehpur, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
there is an inordinate delay of about one day in lodging the FIR. The
version of events as narrated by the victim cannot be accepted as reliable,
as there is no medical evidence on record to corroborate the alleged
incident, and no external or internal injury has been sustained by her.
Moreover, as per her own statement, she is stated to be 18 years of age.
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- Paramveer @ Lala, be released on bail on
BAIL No. 26826 of 2025
2
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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