Allahabad High Court
TIRATHPALversusSTATE 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 therefore granted bail.
Summary
The High Court considered a bail application filed by the accused (referred to as Rahul) in a criminal case (Crime No. 337 of 2025) involving charges under Section 65(1) of the BNS Act, Sections 3 and 4(2) of the POCSO Act, Sections 9 and 10 of the Child Marriage Restraint Act, 2006, and Section 75 of the Juvenile Justice Act, 2015. The victim’s statement recorded under Section 183 of the BNS Act indicated consent, as she had accompanied the accused to Himachal Pradesh and stayed with him. An ossification test established the victim’s age as 19 years, and there was no medical evidence corroborating the alleged offence. The court, after reviewing the material and hearing counsel, concluded that a prima facie case for bail existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, reserving the right to cancel bail for any breach.
Issues considered
- Whether the accused is entitled to bail despite charges under the BNS Act, POCSO Act, Child Marriage Restraint Act and Juvenile Justice Act.
- Whether the victim’s alleged consent and age of 19 years negate the seriousness of the offences for bail considerations.
- Whether the absence of medical corroboration affects the prima facie case for bail.
Legislation cited
- BNS — s. 65(1)
- Child Marriage Restraint Act, 2006 — s. 10, 9
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 75
- Protection of Children from Sexual Offences Act — s. 3, 4(2)
Subjects
- bail
- criminal procedure
- consent
- age of consent
- POCSO
- child marriage
- juvenile justice
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28760 of 2026
Tirathpal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.35 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that notice
to the informant has been served on 11.8.2026.
2. Heard Sri Mahendra Singh, learned counsel for the applicant as well as Sri
R.P. Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.337 of 2025, under Sections 65(1)
BNS, 3/4(2) POCSO Act, 9/10 of the Child Marriage Restraint Act, 2006
and Section 75 of Juvenile Justice Act, 2015, Police Station Islamnagar,
District Budaun, 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, as she had
accompanied the applicant to Himachal Pradesh and stayed with him. As per
ossification test report, the age of the victim is stated to be 19 years.
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- Rahul, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
BAIL No. 28760 of 2026
2
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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