Allahabad High Court
ROHIT SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, finding that the applicant had made out a prima facie case for bail.
Summary
Rohit Singh was arrested in connection with a case (Crime No.55 of 2025) alleging offences under Sections 64, 352 and 351(3) of the Indian Penal Code, Sections 3 and 4 of the POCSO Act and Section 66D of the Information Technology Act. The applicant contended that he is innocent, that the alleged victim is a consenting party who is his wife, and that the accusations of sending indecent photographs are false. The victim herself affirmed her willingness to stay with the applicant and filed an affidavit supporting his bail plea. The State opposed the bail but did not refute the applicant's submissions. After considering the material on record, the court found that the applicant had made out a prima facie case for bail and ordered his release on personal bond and sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the IPC, POCSO Act and IT Act.
- Whether the consent of the alleged victim and the absence of a criminal record justify bail.
Legislation cited
- Indian Penal Code — s. 351(3), 352, 64
- Information Technology Act — s. 66D
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- criminal procedure
- IPC
- POCSO
- IT Act
- consent
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29426 of 2025
Rohit Singh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anshul Tiwari, Shantanu, Vikram
Singh Shrivastava
Counsel for Opposite Party(s) : G.A., Shobhit Yadav
Court No. - 65
(Sr. No.142 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record. As informed by learned State Law Officer, notice to the informant
has been served on 21.08.2025, but none is present on behalf of the
informant.
2. Heard Sri Manvendra Singh, Advocate holding brief of Sri Shantanu,
learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State
Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.55 of 2025, under Sections 64,
352, 351(3) of BNS, Sections 3/4 of POCSO Act and Section 66D of I.T.
Act, Police Station- Pailani, District- Banda, 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
victim is a consenting party, as she had married the applicant. She has
expressed her willingness to stay only in the house of the applicant. Even in
the instant bail application, the affidavit has been sworn by the victim
herself. The allegation that the applicant sent indecent photographs of the
victim to her erstwhile husband, with whom her marriage was proposed to
be solemnized, is per se false. The applicant has no criminal history and is in
jail since 13.06.2025. He undertakes to cooperate with the trial and not
misuse the liberty of bail.
BAIL No. 29426 of 2025
2
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, 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- Rohit Singh, be released on bail 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.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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