Allahabad High Court
AJEET GAUTAMversusSTATE 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 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ajeet Gautam, who was charged under Sections 137(2), 87, 64(2)M of the same Act and Sections 5L/6 of the POCSO Act for allegedly enticing a 17‑year‑old girl. The applicant claimed false implication, noting that the victim’s statement under Section 183 did not incriminate him and that she refused a medico‑legal examination; he also had no prior criminal record and had been in custody since 15 June 2026. The State opposed bail, relying on the seriousness of the alleged offence involving a minor. The Court, after weighing the evidence, the applicant’s clean record, jail overcrowding, and recent Supreme Court precedents on bail, decided that bail should be granted without expressing an opinion on the merits. The order released the applicant on bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence and further criminal activity.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged sexual conduct with a minor.
- Whether the contradictory statements of the victim and the absence of a medico‑legal examination affect the bail decision.
- Whether the applicant’s lack of prior criminal record and the issue of jail overcrowding justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 483, 64(2)M, 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5L, 6
Subjects
- bail
- minor
- sexual offence
- overcrowded prisons
- presumption of innocence
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27343 of 2026
Ajeet Gautam
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Arun Kumar Singh learned counsel for the applicant, Sri Shiv
Dutt Shukla, 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. 155 of 2026 under Sections 137(2),
87, 64(2)M BNS, 5L/6 POCSO Act registered at Police Station Chaubepur,
District Kanpur Nagar 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 she has not stated anything against
the applicant in her statement under section 183 BNSS. It is further
submitted that age of the victim has been found to be 17 years 4 months as
per certificate of High School and she has refused to undergo medico-legal
examination. 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.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant.
BAIL No. 27343 of 2026
2
6. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 17 years 4 months, however, she has been
recovered. the victim in her statement under section 180 BNSS has stated
that she was in love with the applicant and had gone along with him and they
lived as a married couple, however, in her statement under section 183
BNSS, she has not stated anything against the applicant or regarding any
physical relationship being established between them. The victim has been
found to be aged about 17 years 4 months as per certificate of High School
and she has refused to undergo medico-legal examination. Applicant, who
has no criminal history, has been languishing in jail since 15.6.2026.
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 Ajeet Gautam 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.
(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
BAIL No. 27343 of 2026
3
(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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