Allahabad High Court
RAJAN @ PARDESIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis and in view of the absence of clinching evidence, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Rajan @ Pardesi, who was charged under several sections of the Indian Penal Code and the POCSO Act for allegedly establishing a sexual relationship with a major victim under a false promise of marriage. The prosecution alleged deception, while the defense claimed the applicant was innocent and the victim had consented. The court noted the absence of clinching evidence that the applicant misled the victim and observed that the victim was a major, reducing the gravity of the alleged offence. On a prima facie basis, the court found that the applicant had made out a case for bail. Consequently, the bail was granted subject to a personal bond, sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused on a prima facie basis despite the charges under IPC and POCSO Act
Legislation cited
- Indian Penal Code — s. 137(2), 351(3), 352, 61(2), 64(2)(m), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 5(1), 6
Subjects
- bail
- Indian Penal Code
- POCSO Act
- sexual assault
- false promise of marriage
- major victim
- prima facie evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29743 of 2026
Rajan @ Pardesi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhirendra Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.52 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 27.8.2026.
2. Heard Sri Dhirendra Kumar Srivastava, 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.93 of 2026, under Sections 137(2),
87, 64(2)(m), 61(2), 351(3), 352 BNS and Section 5(L)/6 POCSO Act,
Police Station Sakaldeeha, District Chandauli, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have established
corporeal relationship with the victim on the false promise of marriage and
had later on refused to comply with the said promise.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
has nothing to do with the said offence. The victim by her looks seems to be
major. There is no clinching evidence to suggest that the applicant misled
the victim from the beginning. The informant has converted a failed
consensual physical relationship into a criminal case. There is no criminal
history of the applicant and he is in jail since 18.6.2026. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 29743 of 2026
2
7. 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 there being no clinching
evidence to suggest that the applicant misled her from the beginning, 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.
8. Let the applicant- Rajan @ Pardesi, 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.
9. 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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