Allahabad High Court
DINESH KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and consequently granted bail.
Summary
The High Court considered a bail application filed by Dinesh Kumar, who was arrested in a POCSO case (Crime No. 492 of 2026) alleging sexual offences under Sections 64(2)(M), 65(1), 87 of the BNS Act and Sections 3/4(2), 5L/6 of the POCSO Act. The applicant pleaded innocence, claiming the alleged victim, a 14‑year‑old, had given consent, and highlighted his clean record and willingness to cooperate with the trial. The State opposed bail, but the court, after reviewing the material and the victim’s statement recorded under Section 183 BNSS, found that the facts suggested a prima facie case for bail. Without expressing an opinion on the merits, the court ordered the applicant’s release on bail subject to a personal bond, two sureties, and standard conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted in a POCSO case where the alleged victim is a minor but appears to have consented.
- Whether the applicant has made out a prima facie case for bail despite the seriousness of the offences.
- Whether the applicant’s lack of criminal history and cooperation pledge justify bail.
Legislation cited
- BNS Act — s. 64(2)(M), 65(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3/4(2), 5L/6
Subjects
- bail
- POCSO
- minor
- consent
- criminal procedure
- surety
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28736 of 2026
Dinesh Kumar
.....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.28 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Piyush Tripathi, learned counsel for the applicant, Sri Uma
Shankar Tripathi, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.492 of 2026, under Sections
64(2)(M), 65(1), 87 BNS and Section 3/4(2), 5L/6 POCSO Act, Police
Station Robertsganj, 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
victim seems to be a consenting party as is evident from the circumstances
mentioned by her in her statement recorded u/s 183 BNSS. The victim by
her looks seems to be major, although she is stated to be 14 years old. The
applicant himself is a youth of 21 years old. The applicant has no criminal
history and is in jail since 11.6.2026. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. 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.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
BAIL No. 28736 of 2026
2
consideration the fact that victim seems to be a consenting party as is evident
from the circumstances narrated by her, 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.
7. Let the applicant- Dinesh Kumar, 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.
8. 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
Checking your session…