Allahabad High Court
SIKESH PASWANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant is entitled to bail.
Summary
Sikesh Paswan was arrested in connection with a case (Crime No. 82 of 2026) under Section 65(1) of the Indian Penal Code and Sections 3 and 4(2) of the POCSO Act, alleging sexual assault. The applicant contended that the alleged victim was a consenting party, there was no medical evidence of assault, and the informant had withdrawn his earlier statements, making the prosecution's case weak. The State opposed bail, but the court noted the lack of corroborative evidence and the victim's alleged consent. Relying on these facts, the court held that the applicant had made out a prima facie case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a case involving alleged sexual assault under Section 65(1) IPC and POCSO Act when medical evidence is absent and the victim is alleged to be a consenting party
- Whether the recantation of the informant’s statement affects the likelihood of conviction and thus the grant of bail
Legislation cited
- Indian Penal Code — s. 65(1)
- Protection of Children from Sexual Offences Act — s. 3, 4(2)
Subjects
- bail
- sexual assault
- consent
- POCSO Act
- medical evidence
- recantation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28649 of 2026
Sikesh Paswan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Piyush Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.11 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 3.8.2026. Supplementary affidavit filed by
learned counsel for the applicant is taken on record.
2. Heard Sri Piyush Tripathi, learned counsel for the applicant, Sri Abhishek
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.82 of 2026, under Sections 65(1)
BNS and 3/4(2) POCSO Act, Police Station Kone, District Sonbhadra,
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. The
allegations made by the victim seems to be false and she seems to be a
consenting party as there is no sign of any struggle by her. She is stated to
have been disrobed by the applicant.
5. Learned counsel for the applicant has further argued that there is no
medical corroboration of the incident either. Even the informant examined
during trial has resiled from his earlier statements. As such, there is no
likelihood of conviction of the applicant in the present case. The applicant
has no criminal history and is in jail since 4.5.2026. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
BAIL No. 28649 of 2026
2
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim seems to be a consenting party and there is
no medical corroboration of the incident as well as the fact that informant
has not supported the prosecution story during trial, and without expressing
any opinion on the merits of the case, prima-facie the Court is of the view
that the applicant has made out a case for bail. The bail application is
allowed.
8. Let the applicant- Sikesh Paswan, be released on bail in the
aforementioned case crime 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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