Allahabad High Court
ALOK KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that, despite the serious charges, the circumstances demonstrated that the case was fit for bail and therefore granted the bail application.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Alok Kumar, who was arrested in connection with a case involving IPC offences (452, 354-B, 427, 506, 120-B) and sections 7 and 8 of the POCSO Act. The applicant claimed he was falsely implicated and had been in custody since 28 July 2025, asserting that the victim’s statement under Section 164 Cr.P.C. did not allege sexual assault by him. The State opposed bail, citing the serious nature of the allegations, including sexual assault and outraging the modesty of the victim. The court examined the record, noted the absence of the first informant, and, without expressing a view on the merits, concluded that the case was fit for bail given the circumstances and the applicant’s undertaking. Consequently, the bail application was allowed, subject to a personal bond of Rs. 50,000 and several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences under IPC and the POCSO Act.
- Whether the applicant's claim of false implication and the nature of the victim's statement affect the bail eligibility.
- Whether the absence of the first informant influences the decision to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 120-B, 354-B, 427, 452, 506
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- bail
- Section 483 B.N.S.S.
- false implication
- sexual assault allegation
- POCSO Act
- IPC offences
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29222 of 2025
Alok Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Kumar Pushkar
Counsel for Opposite Party(s) : G.A., Lallu Singh, Rakesh Kumar Pal
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant, Sri
Manoj Gautam, learned AGA for the State-respondents and perused the
record.
2. Names of Sri Lallu Singh and Sri Rakesh Kumar Pal appear in the
cause list as counsel for the first informant but none of them is present
today.
3. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 468 of 2022 under Sections 452,
354-B, 427, 506, 120-B IPC and 7/8 POCSO Act, registered at Police
Station Banna Devi, District Aligarh during pendency of the trial.
4. At the very outset, learned AGA states that notice has been served upon
the first informant.
5. the matter was last taken up on 15.4.2026 and no one had appeared on
behalf of the first informant on that day also and the matter was directed
to be listed for today and it was ordered that application shall be heard in
the absence of the first informant.
6. It has been argued by the learned counsel for the applicant that applicant
has been falsely implicated in this case and he has been languishing in jail
since 28.7.2025. It is further submitted that no allegation of sexual assault
BAIL No. 29222 of 2025
2
has been made against the applicant and the victim in her statement recorded
under section 164 Cr.P.C. has assigned the role of shutting her mouth to the
applicant. It is also submitted that the applicant undertakes that he will not
misuse the liberty, if granted. It has also been pointed out that in the wake of
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
7. On the other hand, learned A.G.A. has opposed the prayer for grant of bail
to the applicant.
8. As per allegations in the FIR, applicant and other accused persons are said
to have sexually assaulted and outraged the modesty of the victim i.e.
daughter of the first informant, however, victim in her statement recorded
under section 164 Cr.P.C. has stated that applicant shut her mouth and she
has also assigned separate roles to other accused persons.
9. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is ALLOWED.
10. Let the applicant Alok Kumar involved in the aforesaid case crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- with two
sureties each in the like amount to the satisfaction of the Court concerned
with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat,
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer
or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.
BAIL No. 29222 of 2025
3
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
11. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
12. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 23, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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