Allahabad High Court
VINOD KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Vinod Kumar, who was arrested on 4 June 2026 in connection with a case (Crime No.186 of 2026) involving alleged offences under Sections 137(2), 87, 65(1) of the IPC and Sections 5(L) and 6 of the POCSO Act. The applicant pleaded innocence, contending that the alleged victim, a minor aged 16‑17 according to an ossification test, had given consent as reflected in her statement under Section 183 of the Bailable Non‑Bailable Special (BNSS) procedure, and argued that the age test could have a margin of error of up to two years. The State opposed bail, but the court, after reviewing the material and hearing counsel, noted that the victim appeared to be a consenting party and that the applicant had no prior criminal record. Without expressing an opinion on the merits, the court held that a prima facie case for bail existed. Consequently, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual offences under the POCSO Act and IPC, considering the alleged victim's consent and age.
Legislation cited
- Indian Penal Code — s. 137(2), 65(1), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 5(L), 6
Subjects
- bail
- POCSO Act
- consent
- age of victim
- IPC sections
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29731 of 2026
Vinod Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.50 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 28.7.2026.
2. Heard Sri Vikas Yadav, Advocate holding brief of Sri Gaurav Kumar
Shukla, learned counsel for the applicant, Sri Ram Mohit Yadav, learned
A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.186 of 2026, under Sections
137(2), 87, 65(1) BNS and Section 5(L)/6 POCSO Act, Police Station
Parasrampur, District Basti, 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. The victim by her looks seems to be major, although she is
stated to be 16-17 years old as per the ossification test report. In view of the
inherent margin of error in such tests, it is urged that a leverage of two years
on the upper side may be granted to the applicant while determining the age
of the victim. The applicant has no criminal history and is in jail since
4.6.2026. He undertakes to cooperate with the trial and not misuse the liberty
of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
BAIL No. 29731 of 2026
2
disputed.
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 seems to be a consenting party as far as her
statement recorded U/s 183 BNSS is concerned, 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- Vinod Kumar, 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
Checking your session…