Allahabad High Court
MUKULversusSTATE 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 Mukul, accused in Crime No. 28 of 2026 under Sections 137(2), 87, 64(1) of the B.N.S. and Sections 3 and 4 of the POCSO Act. The applicant argued that the alleged victim, a 17‑year‑old girl, had consented to live with him as a married couple and that there was no incriminating material against him, while the prosecution contended that consent is immaterial for a minor. The court examined the nature of the offence, the lack of prior criminal history, the overcrowding of jails, and recent Supreme Court and High Court precedents on bail. Relying on the judgments in Kapil Wadhawan v. CBI (2025) and Maya Tiwari v. State of U.P. (2024) as well as the policy on grant of bail, the judge held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to standard conditions and verification of sureties.
Issues considered
- Whether bail can be granted to an accused charged under the POCSO Act when the alleged victim is a minor and claims consent.
- Whether the nature of the offences under the B.N.S. and POCSO Act warrants denial of bail.
- Whether the applicant’s lack of criminal history and the circumstances of jail overcrowding justify bail.
Legislation cited
Subjects
- bail
- POCSO
- minor
- consent immaterial
- criminal procedure
- overcrowded jails
- bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26941 of 2026
Mukul
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Adesh Kumar, Barkha Chaudhary
Counsel for Opposite Party(s) : G.A., Sanjeev Kumar Rai
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Adesh Kumar, learned counsel for the applicant, Shri
Sanjeev Kumar Rai, learned counsel for the first informant and Shri B.P.
Maurya, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 28 of 2026, under Sections 137(2),
87, 64(1) of B.N.S. and Section 3/4 of POCSO Act, Police Station
Bhaurakalan, District Muzaffar Nagar, 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 on perusal
of the statement of the victim recorded under Sections 180 and 183
BNSS, it appears that she is a consenting party and she had left her home
on her own free will and she had gone along with the applicant and lived
with him as a married couple. It is further submitted that the age of the
victim has been found to be 17 years and 5 months as per certificate of
high school. It is further submitted that the applicant is having no criminal
history and the applicant has been languishing in jail since 08.05.2026, 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 counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail and it has been submitted by
them that the victim is a minor girl as per certificate of high school and
BAIL No. 26941 of 2026
2
her consent is immaterial.
5. As per first information report, the applicant is said to have enticed
away the victim aged about 17 years, the daugther of the first informant,
however, the victim has been recovered and on perusal of the statement of
the victim recorded under Sections 180 and 183 BNSS, it appears that she
is a consenting party and she had left her home on her own free will and
she had gone along with the applicant and lived with him as a married
couple. It is further submitted that the age of the victim has been found to
be 17 years and 5 months as per certificate of high school. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 08.05.2026.
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- Mukul 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. 26941 of 2026
3
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, Muzaffar Nagar 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 14, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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