Allahabad High Court
JATINversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Jatin, who was arrested on 28‑06‑2026 in connection with a case (Crime No. 660 of 2026) involving alleged offences under Sections 137(2), 87, 65(1), 351(2) of the BNS Act and Sections 3 and 4 of the POCSO Act. The applicant pleaded innocence, asserting that the alleged victim, a 19‑year‑old consenting adult, had voluntarily stayed with him as his wife, as reflected in her statement under Section 183 of the Evidence Act. The State opposed bail, but the court noted the victim’s consent, the applicant’s clean record, and the lack of any indication of tampering or intimidation. After evaluating the material on record, the court held that prima facie the applicant was entitled to bail. Consequently, bail was granted subject to a personal bond, two sureties, and standard conditions, with a warning that breach would lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the charges under the BNS and POCSO Acts.
- Whether the victim’s status as a consenting adult and her statement under Section 183 Evidence Act affect the bail consideration.
Legislation cited
- Bengal Narcotic Substances (BNS) Act — s. 137(2), 351(2), 65(1), 87
- Indian Evidence Act, 1872 — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
Subjects
- bail
- consent
- POCSO Act
- major victim
- false implication
- criminal procedure
- evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29714 of 2026
Jatin
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Nagesh Dwivedi, Sunil Kumar Mishra,
Vinod Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.44 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 16.8.2026.
2. Heard Sri Avanish Kumar Upadhyay, Advocate holding brief of Sri Vinod
Kumar, learned counsel for the applicant, Sri Uma Shankar Mishra, learned
A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.660 of 2026, under Sections
137(2), 87, 65(1), 351(2) BNS and 3/4 POCSO Act, Police Station Majhola,
District Moradabad, 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 is but evident from her statement recorded
U/s 183 BNSS, whereby she has stated that she had gone with the applicant
all the way to Ambala and stayed with him as his wife. The victim is major
aged about 19 years as per her own statement recorded U/s 183 BNSS. The
applicant himself is a youth of 20 years old. The applicant has no criminal
history and is in jail since 28.6.2026. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. Learned A.G.A./State Law Officer has vehemently opposed the bail
application but the submissions raised by the learned counsel for the
applicant could not be disputed.
BAIL No. 29714 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim is major and she is a consenting party as is
evident from her statement recorded U/s 183 BNSS, 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- Jatin, be released on bail in the aforementioned case
crime 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.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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