Allahabad High Court
RAKESH PATELversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Rakesh Patel, who was charged under Sections 137(2), 87, 64(1) of the same Act and Sections 5(J) and 6 of the POCSO Act for alleged sexual offences. The applicant contended that he was falsely implicated, the victim (aged 17 years 10 months) had not accused him of any assault and appeared to be a consenting party, and that he had no prior criminal record. The State opposed bail, emphasizing the seriousness of the alleged offences and the victim’s pregnancy. The court, taking note of the Supreme Court’s guidelines in Kapil Wadhawan v CBI and Maya Tiwari v State of U.P., as well as concerns about overcrowded prisons and trial pendency, decided that bail was appropriate without expressing an opinion on the merits. Accordingly, the court ordered the release of the applicant on bail subject to a personal bond, two sureties and specific conditions, and directed verification of identities and prompt communication of the order to the jail.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nagarik Suraksha Sanhita and POCSO Act despite the nature of the alleged sexual offence.
- Whether the alleged consent of the victim and the uncertainty regarding her exact age affect the bail decision.
- Whether the principles laid down by the Supreme Court in recent bail jurisprudence and the problem of overcrowded jails justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 180, 183, 483, 64(1), 87
- Protection of Children from Sexual Offences Act — s. 5(J), 6
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- POCSO Act
- consent
- victim age
- overcrowded prisons
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27291 of 2026
Rakesh Patel
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Kumar Singh
Counsel for Opposite Party(s) : G.A., Kailash Nath Singh
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajendra Kumar Singh, learned counsel for the applicant, Sri
Ajit Kumar Srivastava, Advocate, holding brief of Sri Kailash Nath Singh,
learned counsel for the first informant, Sri Radhey Shyam, learned AGA for
the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 121 of 2026 under Sections 137(2),
87, 64(1) BNS and 5(J)/6 of POCSO Act registered at Police Station
Rampur, District Jaunpur during pendency of the trial.
3. It is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and the victim has not stated anything
either against the applicant or regarding commission of any sexual assault on
her in her statements under Sections 180 and 183 BNSS and on perusal of
the same, it appears that she is a consenting party. It is further submitted that
age of the victim has been found to be 17 years and 10 months as per her
certificate of Class IXth, however, there is no High School certificate or the
certificate of school first attended and no radio-logical examination of the
victim has been conducted for her age determination. It is further submitted
that victim has been found pregnant. It is also submitted that applicant, who
has no criminal history, has been languishing in jail since 15.6.2026. It is
lastly submitted that in case applicant is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
BAIL No. 27291 of 2026
2
4. On the other hand, learned A.G.A. as well as learned counsel for the first
informant opposed the prayer for grant of bail to the applicant.
5. As per the FIR, applicant is said to have enticed away the daughter of the
first informant, however, she has been recovered. The victim has not stated
anything either against the applicant or regarding commission of any sexual
assault on her in her statements recorded under Sections 180 and 183 BNSS
and on perusal of the same, it appears that she is a consenting party. The
victim is aged about 17 years and 10 months as per her certificate of Class
IXth, however, there is no High School certificate or the certificate of school
first attended and no radio-logical examination of the victim has been
conducted for her age determination. The victim has been found to be
pregnant. Applicant, who has no criminal history, has been languishing in
jail since 15.6.2026.
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. Let the applicant Rakesh Patel 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 without
seeking any adjournment.
BAIL No. 27291 of 2026
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(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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. 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.
10. 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.
11. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent 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 29, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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