Allahabad High Court
ROHIT KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant is entitled to bail.
Summary
Rohit Kumar was arrested in connection with a case (Crime No.357 of 2024) alleging offences under IPC sections 363, 3366, 376(2)(n) and Section 51/6 of the POCSO Act. He contended that he was falsely implicated and that the alleged victim, who had married him and bore his child, had given a consent statement under Section 183 of the CrPC. The State opposed bail, but the court, after considering the victim’s consent, the applicant’s clean record and the lack of any indication of flight or tampering, found a prima‑facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties and standard conditions. The order does not prejudice the trial on the merits.
Issues considered
- Whether bail should be granted to an accused charged with offences under IPC sections 363, 3366, 376(2)(n) and the POCSO Act when the alleged victim has given a consent statement.
- Whether the consent of the alleged victim negates the seriousness of the alleged offences for the purpose of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 3366, 363, 376(2)(n)
- Protection of Children from Sexual Offences Act — s. 51/6
Subjects
- bail
- consent
- rape
- POCSO
- Criminal Procedure Code
- Indian Penal Code
- marriage
- child
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29748 of 2026
Rohit Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhakar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.53 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 16.1.2026.
2. Heard Sri Sudhakar Shukla, learned counsel for the applicant, Sri Deepak
Kumar Singh, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.357 of 2024, under Sections 363,
3366, 376(2)(n) I.P.C. and Section 51/6 POCSO Act, Police Station Chakeri,
District Kanpur Nagar, 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 married the applicant and she has a child of
eight months old born out of the said relationship. She has also expressed her
willingness to stay with the applicant only. The applicant has no criminal
history and is in jail since 13.1.2026. 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
disputed.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 29748 of 2026
2
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim 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- Rohit 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…