Allahabad High Court
GAUTAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the inordinate delay in filing the FIR and absence of medical corroboration, coupled with the applicant’s clean record, established a prima facie case for bail.
Summary
The applicant, Gautam, sought bail in a case registered under Sections 64, 351(3) of the IPC and Sections 3 and 4 of the POCSO Act, alleging false implication. He argued that the FIR was lodged 21 days after the alleged incident, there was no medical evidence, and the victim appeared to be a major despite being described as 17 years old. The State opposed bail, but the court noted the inordinate delay and lack of corroborative evidence, and, without passing on the merits, found a prima facie case for bail. The applicant had no prior criminal record and had been in custody since 26‑4‑2026. Consequently, the court granted bail on condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted in a case involving serious IPC and POCSO offences given the facts.
- Whether the 21‑day delay in filing the FIR and absence of medical evidence justify bail.
- Whether the applicant’s clean criminal record and claim of innocence affect the bail decision.
Legislation cited
- Indian Penal Code — s. 351(3), 64
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- delay in FIR
- medical evidence
- POCSO
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28790 of 2026
Gautam
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.38 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 29.7.2026.
2. Heard Sri Anil Kumar, learned counsel for the applicant, Sri Arun Kumar
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.251 of 2026, under Sections 64,
351(3) BNS and 3/4 POCSO Act, Police Station Kasganj, District Kasganj,
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
FIR is delayed by about twenty one days and there is no explanation of the
said delay caused. There is no sign of any struggle by the victim and there is
no medical corroboration of the alleged incident either. The victim by her
looks seems to be major, although she is stated to be 17 years old. The
applicant himself is a 20 years old youth. The applicant has no criminal
history and is in jail since 26.4.2026. 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.
BAIL No. 28790 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the inordinate delay of 21 days in institution of FIR coupled
with the fact that there is no medical corroboration of the incident, 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- Gautam, 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
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