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Allahabad High Court

YOGESH KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court held that, on a prima facie basis, the applicant was entitled to bail as the FIR delay and the victim's consent indicated that bail should be granted, subject to conditions.

Summary

Yogesh Kumar applied for bail in a criminal case (Crime No. 409 of 2026) involving offences under Sections 137(2), 87, 64(1) of the BNS Act and Sections 3 and 4 of the POCSO Act. The FIR was lodged three days after the alleged incident. The victim’s statement recorded under Section 183 BNSS indicated her consent and willingness to marry the applicant. The court, after hearing counsel and reviewing the material, found a prima facie case for bail, noting the delay in filing the FIR and the victim’s consent. Consequently, the bail application was allowed with a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order is subject to verification of sureties and does not affect the trial on merits.

Issues considered

  • Whether the delay of three days in lodging the FIR warrants granting bail.
  • Whether the victim's statement indicating consent under Section 183 BNSS creates a prima facie case for bail.
  • Whether the nature of offences under the BNS Act and POCSO Act precludes bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • delay in FIR
  • victim consent
  • POCSO
  • Section 137(2)
  • Section 87
  • Section 64(1)
  • Section 183
  • sureties
  • court conditions

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. BAIL APPLICATION No. - 28737 of 2026

                                    Yogesh Kumar
                                                                                                             .....Applicant(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                        .....Opposite Party(s)

                                    Counsel for Applicant(s)                            :    Dinesh Kumar Tiwari
                                    Counsel for Opposite Party(s)                       :    G.A.

                                    Court No. - 68
                                    (Sr. No.37 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 15.8.2026.

                                    2. Heard Sri Dinesh Kumar Tiwari, learned counsel for the applicant as well as 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.409 of 2026, under Sections 137(2), 87,
                                    64(1) BNS and 3/4 POCSO Act, Police Station Chakeri, District Kanpur Nagar,
                                    during the pendency of trial.

                                    4. Having heard the learned counsel for the parties and upon perusal of the material
                                    available on record, this Court finds that there is a delay of about three days in lodging
                                    the FIR. The statement of victim recorded U/s 183 BNSS, prima facie, indicates her
                                    consent, as she expressed her willingness to marry the applicant.

                                    5. In view of the above facts and circumstances of the case and without expressing any
                                    opinion on the merits of the case, the Court is, prima facie, of the view that the
                                    applicant has made out a case for bail. Accordingly, the bail application is allowed.

                                    6. Let the applicant- Yogesh Kumar, 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.

                                    7. 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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