Allahabad High Court

VISHNUversusSTATE OF U.P. AND 3 OTHERS

Decided: 8 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The applicant is entitled to bail.

Summary

Vishnu was arrested in a case under sections 137(2), 87, 65(1) of the B.N.S. and sections 3/4(2) of the POCSO Act for allegedly enticing a minor girl. The victim, aged between 14 and 17 years as per conflicting documents, stated that no physical relationship existed with the accused and refused a medical examination. The applicant argued false implication, lack of incriminating material, and no prior criminal record, while the State contended that the minor's consent was immaterial. The court, considering the evidence, the accused's lack of history, jail overcrowding, and Supreme Court precedents, granted bail without commenting on the merits. Bail was ordered with a personal bond, two sureties, and specific conditions, and the order was to be communicated to the jail via the Bail Order Management System.

Issues considered

Whether bail should be granted to an accused in a POCSO case involving a minor where the victim denies physical contact and no medical evidence is available.
Whether the age discrepancy and lack of forensic evidence affect the bail decision.
Whether the principles laid down in recent Supreme Court judgments on bail and jail overcrowding apply to this case.

Legislation cited

B.N.S. — s. 137(2), 65(1), 87
Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4(2)

Subjects

bail
POCSO
minor
sexual offence
evidence
jail overcrowding
Supreme Court precedent

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29431 of 2026

Vishnu
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Chandan Yadav, Dipanshu Kushwaha,
Naman Navin Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Dipanshu Kushwaha, learned counsel for the applicant and
Shri B.P. Maurya, 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. 151 of 2026, under Sections 137(2),
87, 65(1) of B.N.S. and Section 3/4(2) of POCSO Act, Police Station
Achhnera, District Agra, 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 the victim
in her statement recorded under Section 180 BNSS has categorically
stated that no physical relationship was established between her and the
applicant. It is further submitted that the age of the victim has been found
to be 14 years as per certificate of Class V, however, there is no certificate
of high school or certificate of school first attended and the age of the
victim has been found to be 17 years as per ossification test. It is further
submitted that the victim has refused to undergo medico legal
examination. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
07.07.2026, in case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
BAIL No. 29431 of 2026
2

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 a minor girl aged about
14 years and her consent is immaterial.

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 the victim in her statement recorded under Section 180
BNSS has categorically stated that no physical relationship was
established between her and the applicant. It is further submitted that the
age of the victim has been found to be 14 years as per certificate of Class
V, however, there is no certificate of high school or certificate of school
first attended and the age of the victim has been found to be 17 years as
per ossification test. It is further submitted that the victim has refused to
undergo medico legal examination. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 07.07.2026.

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- Vishnu 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:-

(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
BAIL No. 29431 of 2026
3

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, Agra 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

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