Allahabad High Court

VISHALversusSTATE OF U.P. AND 3 OTHERS

Decided: 1 April 2026
Bench: KRISHAN PAHAL

Holding

The court held that bail should be granted as the applicant is prima facie entitled to it.

Summary

Vishal was arrested in connection with a case (Crime No. 280 of 2024) involving offences under IPC sections 363, 366, 376, 323, 506, 427 and POCSO Act sections 5 and 6. He applied for bail, claiming he is innocent, has no criminal record, and that the alleged victim is a consenting adult who lives with him and her baby. The victim’s statement recorded under Section 183 of the CrPC indicated consent, and the prosecution could not refute the applicant’s submissions. The State opposed bail but could not dispute the lack of prior history or the victim’s consent. Considering the nature of the offences, the victim’s consent, and the applicant’s clean record, the court found the case fit for bail and ordered his release on personal bond and sureties with standard conditions.

Issues considered

Whether bail should be granted in a case involving serious IPC and POCSO offences when the alleged victim has given a consent statement under Section 183 CrPC.
Whether the applicant’s lack of criminal history and the victim’s residence with the applicant justify bail.
Whether the risk of tampering with evidence or intimidating witnesses warrants denial of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 183
Indian Penal Code — s. 323, 363, 366, 376, 427, 506
Protection of Children from Sexual Offences Act — s. 5, 6

Subjects

bail
consent
POCSO
IPC
Criminal Procedure Code
sureties
victim testimony
trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28001 of 2025

Vishal
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Shashi Bhushan, Smriti Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 65
(Sl. No. 123 out of 262)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised. As per office report dated 10.10.2025, the victim
and the informant did not live at the address given in the FIR.

2. Heard Ms. Smriti Shukla, learned counsel for the applicant and Sri Jai
Kishan Chaurasia, learned State Law Officer and also perused the
material placed on record.

3. Applicant seeks bail in Case Crime No. 280 of 2024, under Sections
363, 366, 376, 323, 506, 427 of IPC and Sections 5/6 of POCSO Act,
Police Station - Geeda, District - Gorakhpur, during the pendency of
trial.

4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case.
He has nothing to do with the said offence as alleged in the FIR.

5. Learned counsel has also stated that the victim is the consenting party
as is evident from her statement recorded u/s 183 BNSS as she had
travelled with the applicant to Panipat, Haryana and married him. Learned
counsel has further stated that the victim was major and is living in the
house of the applicant along with her baby.

6. Learned counsel has next contended that the applicant is languishing in
jail since 04.02.2025, having no criminal history, deserves to be released
on bail. In case, the applicant is released on bail, he will not misuse the
BAIL No. 28001 of 2025
2

liberty of bail and shall cooperate with trial.

7. Per contra, learned State Law Officer has vehemently opposed the bail
application but unable to dispute the submissions raised by the learned
counsel for the applicant and also the fact that the applicant has no
criminal history.

8. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, nature of offence, severity of
punishment and also considering the statement of the victim recorded u/s
183 BNSS which indicates towards her consent coupled by the fact that
she along with her baby is residing at the applicant's house, prima facie I
find it a fit case to release the applicant on bail. The bail application is
allowed.

9. Let the applicant- Vishal, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.

10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)
April 2, 2026
Siddhant

Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad

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