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Allahabad High Court

JITENDRA PATELversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court held that the applicant had made out a case for bail and allowed the bail application.

Summary

The applicant, Jitendra Patel, sought bail in a criminal case (Crime No.287 of 2026) involving alleged offences under Sections 65(1) and 351(3) of the BNS Act and Sections 5 and 6 of the POCSO Act. The court examined the victim’s statement recorded under Section 183 of the BNS, which indicated consent, and noted that both parties were willing to marry each other. No medical evidence corroborated the alleged incident. Considering these facts, the court found that the applicant had made out a prima facie case for bail without expressing an opinion on the merits. Consequently, bail was granted on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court. The order does not affect the trial on merits.

Issues considered

  • Whether the applicant is entitled to bail pending trial in a case involving alleged sexual offences under the BNS Act and the POCSO Act, given the victim’s alleged consent and lack of medical evidence.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • consent
  • sexual offences
  • criminal procedure
  • sureties

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. BAIL APPLICATION No. - 28745 of 2026

                                    Jitendra Patel
                                                                                                           .....Applicant(s)
                                                                              Versus
                                    State Of U.P. And 4 Others
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)              :    Sunil Dubey
                                    Counsel for Opposite Party(s)         :    G.A., Jitendra Singh, Sunil Kumar Pandey

                                    Court No. - 68
                                    (Sr. No.31 out of 80 T.C.)

                                                                 HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Sunil Dubey, learned counsel for the applicant, Sri Sunil Kumar Pandey,
                                    learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A.
                                    for the State and perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No.287 of 2026, under Sections 65(1), 351(3)
                                    BNS and 5/6 POCSO Act, Police Station Jalalpur, District Jaunpur, 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 the statement of victim recorded U/s 183
                                    BNSS, prima facie, indicates her consent. Both the parties are willing to marry each
                                    other. Furthermore, there is no medical corroboration of the alleged incident.

                                    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- Jitendra Patel, 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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