Allahabad High Court
DEVENDRA SINGH ALIAS CHHOTUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail could not be granted as the trial was at its conclusive end and the application was devoid of merit.
Summary
The applicant, Devendra Singh (alias Chhotu), filed a bail application in Criminal Case No. 492 of 2023, charged under Sections 376, 506, 120B of the IPC and Sections 16, 17, 3, 4 of the POCSO Act. He claimed absolute innocence, argued that no cogent evidence existed against him and that he had already been incarcerated for about five months since 28 March 2026. The State opposed the bail, and the trial court’s status report indicated that statements of all accused had been recorded under Section 313 CrPC, with the applicant’s statement pending on 3 September 2026, placing the trial at its conclusive stage. The High Court, after hearing both sides, found the bail application devoid of merit, noting that granting bail at such a late stage of trial was inappropriate, and consequently rejected the application. The court also directed the trial court to decide the pending case expeditiously, clarifying that its observations were limited to the bail matter and would not affect the trial’s merits.
Issues considered
- Whether bail can be granted when the trial is at its conclusive stage and statements of the accused have been recorded under Section 313 CrPC.
- Whether the applicant’s claim of innocence and the period of pre‑trial detention justify the grant of bail.
- Application of bail principles under the Criminal Procedure Code in cases involving serious offences under the IPC and POCSO Act.
Legislation cited
- Indian Penal Code — s. 120B, 376, 506
- Protection of Children from Sexual Offences Act — s. 16, 17, 3, 4
Subjects
- bail
- criminal procedure
- IPC
- POCSO Act
- trial stage
- pre‑trial detention
- Section 313 CrPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27856 of 2026
Devendra Singh Alias Chhotu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Radhey Shyam Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 179 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice has been
served to the informant on 29.7.2026.
2. Heard Sri Radhey Shyam Yadav, learned counsel for applicant, Sri R.M.
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. The present bail application has been filed by the applicant in Case Crime
No. 492 of 2023, under Sections 376, 506, 120B IPC and 16/17 and 3/4
POCSO Act, Police Station Kotwali Dehat, District Etah, with the prayer to
enlarge him on bail.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case.
There is no cogent evidence against him, as such, he is entitled for bail. He is
in jail since 28.3.2026, as such, period of incarceration is about five months.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application.
6. This Court had called for the status of trial. As per the status report
dated 1.9.2026, the statement of all the accused persons have already been
recorded u/s 313 Cr.P.C., while the statement of the applicant u/s 313
Cr.P.C. is to be recorded on 3.9.2026.
BAIL No. 27856 of 2026
2
7. After hearing learned counsel for the parties and taking into consideration
the status report, whereby the trial is at its conclusive end, this Court does
not find it a fit case for grant of bail to the applicant. The bail application is
found devoid of merits and is, accordingly, rejected.
8. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously as early as possible, if there is no legal
impediment.
9. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
10. The Registrar Compliance is directed to transmit a copy of this order
to the trial court concerned for necessary compliance.
(Krishan Pahal,J.)
September 16, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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