Allahabad High Court
RAMSEWAKversusSTATE 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 Ramsewan, who was arrested in Crime No.118 of 2025 under sections 70(2), 303(3), 137(2), 317(2) of the B.N.S. and sections 5g/6 of the POCSO Act. The applicant claimed false implication, noting the victim’s testimony did not name him, the victim was approximately 18 years old per ossification test, and co‑accused Viresh Yadav and Indra Pal had already been released on bail. The State opposed bail, arguing the seriousness of the alleged offences. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v State of U.P.) and the policy on bail to alleviate jail overcrowding, the Court held that the applicant was entitled to bail. Accordingly, the bail was granted subject to personal bond, sureties and conditions to prevent tampering with evidence, ensure cooperation with trial, and prohibit further criminal activity.
Issues considered
- Whether the applicant, accused of offences under the B.N.S. and POCSO Act, is entitled to bail despite the seriousness of the alleged crimes.
- Whether the lack of incriminating testimony and the victim’s age affect the bail decision.
- Whether the State’s objection based on the nature of the offence outweighs the applicant’s claim of false implication and clean record.
Legislation cited
Subjects
- bail
- POCSO
- rape
- false implication
- victim age
- criminal history
- jail overcrowding
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27031 of 2026
Ramsewak
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Kumar, Keshav Hari Dixit,
Purushottam Dixit
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on
record.
2. Heard Shri Jitendra Kumar, Shri Keshav Hari Dixit and Shri
Purushottam Dixit, 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.
3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 118 of 2025, under Sections 70(2),
303(3), 137(2), 317(2) of B.N.S. and Section 5g/6 of POCSO Act, Police
Station Rajabpur, District Amroha, during the pendency of the trial.
4. 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 co-accused
Viresh Yadav and Indra Pal have already been granted bail by the Co-
ordinate Bench of this Court. It is further submitted that the victim has not
supported the allegation of rape on her against the applicant and above
two co-accused persons in her testimony recorded before the learned trial
Court. It is further submitted that the age of the victim has been found to
be around 18 years as per ossification test. It is further submitted that the
applicant is having no criminal history and the applicant has been
BAIL No. 27031 of 2026
2
languishing in jail since 10.09.2025, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
6. First information report has been lodged against unknown alleging
therein that the daughter of the first informant had gone missing and the
victim has not stated anything against the applicant and two other co-
accused persons in her testimony before the learned trial Court. Co-
accused Viresh Yadav and Indra Pal have already been granted bail by the
Co-ordinate Bench of this Court. It is further submitted that the age of the
victim has been found to be around 18 years as per ossification test and
the medico legal report does not support the allegation of commission of
rape on her. It is further submitted that the applicant is having no criminal
history and the applicant has been languishing in jail since 10.09.2025.
7. 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Ramsewak 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
BAIL No. 27031 of 2026
3
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Amroha 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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