Allahabad High Court
DEEPAK ALIAS BHOPAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted it subject to conditions.
Summary
The applicant, Deepak alias Bhopa, sought bail in a case registered as Crime No. 1084 of 2025 under Section 140(4) of the Criminal Procedure Code and Section 4(2) of the POCSO Act. The court noted that the FIR was lodged four days after the alleged incident and there was no medical evidence to corroborate the allegations. The applicant's criminal history was explained and the court held that such antecedents cannot, by themselves, justify continued detention when bail criteria are otherwise satisfied. Considering the lack of medical proof, the delay in filing the FIR, and the applicant's explanations, the court found a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted under Section 140(4) CrPC and Section 4(2) POCSO Act despite the applicant's criminal antecedents
- Whether the four‑day delay in lodging the FIR and absence of medical corroboration affect the bail eligibility
Legislation cited
- Code of Criminal Procedure, 1973 — s. 140(4)
- Protection of Children from Sexual Offences Act, 2012 — s. 4(2)
Subjects
- bail
- Criminal Procedure Code
- POCSO Act
- criminal antecedents
- delay in FIR
- lack of medical evidence
- non‑bailable offence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28973 of 2026
Deepak Alias Bhopa
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Pati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 86 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 4.8.2026.
2. Supplementary affidavit filed by learned counsel for the applicant is taken
on record.
3. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri
Abhishek Mishra, learned A.G.A. for the State and perused the material
placed on record.
4. Applicant seeks bail in Case Crime No. 1084 of 2025, under Sections
140(4) BNS and 4(2) POCSO Act, Police Station Ijjat Nagar, District
Bareilly, during the pendency of trial.
5. The criminal history assigned to the applicant has been explained.
6. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay of four days in lodging of FIR and there being no
medical corroboration of the incident and without expressing any opinion on
BAIL No. 28973 of 2026
2
the merits of the case, prima facie, the Court is of the view that the applicant
has made out a case for bail. Accordingly, the bail application is allowed.
8. Let the applicant- Deepak Alias Bhopa, who is involved in
aforementioned case crime be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to verification of sureties, with the condition that he shall
not tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
9. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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