Allahabad High Court
AKASH SISODIAversusSTATE 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, for Akash Sisodia who was charged under Sections 64(1), 137(2), 87 of the same Act and Sections 3 and 4 of the POCSO Act. The applicant claimed false implication, citing two earlier FIRs involving the same 17‑year‑old victim, for which he was already on bail, and argued that the victim’s statements and medico‑legal report indicated consent. The State opposed bail, emphasizing the seriousness of the alleged offences. The court, taking note of overcrowded prisons, pendency of cases, and Supreme Court precedents in Kapil Wadhawan v CBI and Maya Tiwari v State of U.P., held that bail was appropriate without expressing a view on the merits. Accordingly, the court ordered the applicant’s release on bail subject to a personal bond, two sureties and specific conditions, and directed verification of identities and prompt communication of the order.
Issues considered
- Whether bail can be granted under Section 483 BNS for offences under the POCSO Act and related sections given the alleged consent of the victim.
- Whether the applicant’s prior bail in similar cases and alleged false implication affect the grant of bail.
- Whether the circumstances of overcrowded jails and case pendency justify bail.
- How the Supreme Court’s precedents on bail should be applied to the present case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 483, 64(1), 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- POCSO Act
- consent
- overcrowded prisons
- Supreme Court precedent
- Section 483 BNS
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27310 of 2026
Akash Sisodia
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Somdev Dixit
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Somdev Dixit, learned counsel for the applicant, Sri Uma
Shankar Mishra, 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. 443 of 2024 under Sections 64(1),
137(2), 87 BNS, 3/4 POCSO Act registered at Police Station Ramgarh,
District Firozabad during pendency of the trial.
3. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.
4. It is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and on two earlier occasions, FIR has
been lodged against the applicant levelling similar allegations with respect to
the same victim and he is on bail in both the said cases. It is further
submitted that victim is aged about 17 years as per certificate of High School
and on perusal of her statements recorded under Sections 180 and 183 BNSS
as well as her conduct, it appears that she is a consenting party. It is further
submitted that medico-legal report of the victim does not support
commission of rape on her. It is also submitted that applicant, who has
criminal history of the aforesaid two cases, has been languishing in jail
since 19.12.2025. 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
BAIL No. 27310 of 2026
2
proceedings.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant.
6. On two earlier occasions also, FIR has been lodged against the applicant
levelling similar allegations with respect to the same victim and he is on bail
in both the said cases. The victim is aged about 17 years as per certificate of
High School and on perusal of her statements recorded under Sections 180
and 183 BNSS as well as her conduct, it appears that she is a consenting
party. Medico-legal report of the victim does not support commission of rape
on her. Applicant, who has criminal history of the aforesaid two cases, has
been languishing in jail since 19.12.2025.
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. Let the applicant Akash Sisodia 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. 27310 of 2026
3
(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
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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