Allahabad High Court
DHARMENDRA KUMAR RAGHAVversusSTATE OF U.P THROUGH ITS SECRETARY HOME U.P AT LUCKNOW AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant as the court found sufficient grounds to release him pending trial.
Summary
The applicant, Dharmendra Kumar Raghav, was arrested on 21‑02‑2026 in connection with a case (Crime No. 170 of 2026) involving offences under the Indian Penal Code and the POCSO Act. He applied for bail, asserting his innocence and noting that the victim, who had initially testified, turned hostile during trial. The State Law Officer opposed bail but did not refute the applicant's submissions. The court, considering the victim's hostile stance, the applicant's clean record, and the lack of a likelihood of conviction, found that the applicant had made out a case for bail. Consequently, the court granted bail 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 during the pendency of trial given the victim's hostile testimony and the nature of the offences alleged.
Legislation cited
- Indian Penal Code — s. 155(2), 351(2), 352, 64(एफ), 64(एम), 65(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5एन/6, 5एम/6, 5एल/6
Subjects
- bail
- criminal procedure
- hostile witness
- POCSO
- IPC
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29761 of 2026
Dharmendra Kumar Raghav
.....Applicant(s)
Versus
State Of U.P Through Its Secretary Home U.P At
Lucknow And 3 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Pushpendra Singh, Shahrukh Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.55 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that notice
to the informant has been served on 29.8.2026.
2. Heard Sri Pushpendra Singh, learned counsel for the applicant, Sri Yogesh
Mishra, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.170 of 2026, under Sections 65(2),
155(2), 352, 351(2), 64(एफ), 64(एम) BNS and Sections 5एन/6, 5एल/6, 5एम/6
POCSO Act, Police Station Sikandrabad, District Bulandshahr, during the
pendency of trial.
4. Learned counsel for the applicant has stated that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim has been examined as PW-1 during trial and she has completely
resiled from her earlier statements and have been cross-examined by the
public prosecutor after declaring her hostile. There is no likelihood of
conviction of the applicant in the present case.
5. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
21.2.2026 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
BAIL No. 29761 of 2026
2
6. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.
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 the victim has turned hostile during trial, and
without expressing any opinion on the merits of the case, 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- Dharmendra Kumar Raghav, 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.
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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