Allahabad High Court
KARAN BIYAARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Karan Biyaar, who was charged under Sections 87, 137(2), 64(1) of the BNS and Sections 3 and 4 of the POCSO Act for alleged sexual harassment of a minor girl aged 16 years and 10 months. The applicant contended that he was falsely implicated, that the victim’s statements indicated consent, and that there was insufficient medical and age‑verification evidence. The State argued that the victim was a minor and the allegations were serious, emphasizing the need for custody. After reviewing the record, the Court, without expressing a view on the merits, found the case suitable for bail and ordered release on a personal bond with conditions. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future determination.
Issues considered
- What is the appropriateness of granting bail under Section 483 BNS to an accused charged with offences under the BNS and POCSO Act involving a minor?
- Does the alleged consent of the victim and lack of definitive age‑verification affect the bail decision?
- Should the seriousness of the alleged offences and the accused’s lack of criminal history influence bail eligibility?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 483, 64(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
Subjects
- bail
- minor
- sexual harassment
- consent
- POCSO Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- age determination
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29335 of 2026
Karan Biyaar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Viveka Nand Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Viveka Nand Maurya, learned counsel for the applicant, Sri
Ashish Kumar Tripathi, learned AGA for the State-respondents and perused
the record.
2. 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. 92 of 2026 under Sections 87,
137(2), 64(1) BNS and 3/4 POCSO Act registered at Police Station
Jamalpur, District Mirzapur during pendency of the trial.
3. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.
4. It has been argued by learned counsel for the applicant that applicant has
been falsely implicated in the present case and on perusal of the statements
of the victim recorded under sections 180 and 183 BNSS, it appears that she
is a consenting party. It is further submitted that age of the victim has been
found to be 16 years and 10 months as per certificate of class VIIIth,
however, there is no certificate of High School or school first attended and
no radiological examination has been conducted for determination of her
age. It is further submitted that medico-legal report of the victim does not
support the allegation of rape on her and the applicant, who has no criminal
history, has been languishing in jail since 24.5.2026 and he 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
BAIL No. 29335 of 2026
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any early conclusion of trial.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant and submits that victim is a minor girl aged about 16 years and
10 months as per certificate of class VIIIth.
6. As per the FIR, applicant is said to have sexually harassed and outraged
the modesty of the victim. However, on perusal of the statements of the
victim recorded under sections 180 and 183 BNSS, it appears that she is a
consenting party. The victim has been found to be aged about 16 years and
10 months as per certificate of class VIIIth, however, there is no certificate
of High School or school first attended and no radiological examination has
been conducted for determination of her age. Medico-legal report of the
victim does not support the allegation of rape on her. Applicant, who has no
criminal history, has been languishing in jail since 24.5.2026.
7. 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.
8. Let the applicant Karan Biyaar 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. 29335 of 2026
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(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.)
September 9, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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