Allahabad High Court
SANDEEP @ BALLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Sandeep (Ballu) in a case involving alleged kidnapping, abduction and rape of a minor under IPC sections 363, 366, 376(3) and POCSO Act sections 3 and 4(2). The applicant argued that he was falsely implicated, pointing to contradictions in the victim's statements recorded under Cr.P.C. sections 161 and 164, and raised doubts about the victim's age due to lack of proper age‑determination evidence. The State opposed bail, emphasizing the victim’s minor status (approximately 14 years and 10 months) and the seriousness of the offences. The Court, after noting the lack of incriminating material, the applicant’s clean record, jail overcrowding, and Supreme Court precedents on bail, decided that bail could be granted without expressing a view on the merits. Accordingly, the bail was ordered with standard conditions and verification procedures.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged kidnapping, abduction and rape of a minor under IPC and POCSO provisions.
- Whether the contradictions in the victim’s statements and the uncertainty regarding her age affect the bail decision.
- Whether the applicant’s lack of criminal history and the issue of jail overcrowding justify bail despite the seriousness of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 363, 366, 376(3)
- Protection of Children from Sexual Offences Act — s. 3, 4(2)
Subjects
- bail
- IPC
- POCSO
- minor victim
- false implication
- contradictory statements
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29404 of 2026
Sandeep @ Ballu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jalaj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Jalaj Singh, learned counsel for the applicant and Shri
Chandra Shekhar Saran, learned A.G.A. for the State and perused the
record. At the very outset, learned AGA submits that the notice has been
served on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 146 of 2023, under Sections 363,
366, 376(3) of I.P.C. and Section 3/4(2) of POCSO Act, Police Station
Kurara, District Hamirpur, during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that there are
material contradictions in the statement of the victim recorded under
Sections 161 and 164 Cr.P.C. and the victim has been recovered after two
years and she has stated that she had left her home on her own free will
and she had entered into matrimonial alliance with the applicant with her
free consent. It is further submitted that the date of birth of the victim is
15.06.2008 as per certificate of Class V, however, there is no certificate of
high school or certificate of school first attended and no radio-logical
examination has been conducted for her age determination. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 20.06.2026, in case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
BAIL No. 29404 of 2026
2
the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that the victim is aged about 14 years
and 10 months on the alleged date of occurrence.
5. As per first information report, the applicant is said to have enticed
away the daughter of the first informant, however, the victim has been
recovered and there are material contradictions in the statement of the
victim recorded under Sections 161 and 164 Cr.P.C. and the victim has
been recovered after two years and she has stated that she had left her
home on her own free will and she had entered into matrimonial alliance
with the applicant with her free consent. It is further submitted that the
date of birth of the victim is 15.06.2008 as per certificate of Class V,
however, there is no certificate of high school or certificate of school first
attended and no radio-logical examination has been conducted for her age
determination. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
20.06.2026.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Sandeep @ Ballu involved in the aforementioned
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,
with the following conditions:-
BAIL No. 29404 of 2026
3
(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 cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Hamirpur via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 9, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…