Allahabad High Court
RAJAN SAINIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant, Rajan Saini, on the condition of a personal bond and two sureties.
Summary
The applicant, Rajan Saini, filed a bail application in Criminal Misc. Bail Application No. 29809 of 2026, seeking release in case No. 161 of 2026 which involves charges under Sections 137(2) and 64(1) of the B.N.S. and Sections 3 and 4(1) of the POCSO Act, 2012. The State Law Officer informed the court that notice to the informant had been served, but the informant did not appear. The victim had not alleged any sexual assault by the applicant; the allegation, if any, was directed only at a co‑accused, Pappu. After considering the material on record and the parties’ submissions, the court found no substantive basis to detain the applicant and deemed the case fit for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant under Sections 137(2), 64(1) of the B.N.S. and Sections 3, 4(1) of the POCSO Act, 2012 during the pendency of trial.
Legislation cited
- B.N.S. — s. 137(2), 64(1)
- P.O.C.S.O. Act, 2012 — s. 3, 4(1)
Subjects
- bail
- criminal procedure
- POCSO Act
- sexual assault allegation
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29809 of 2026
Rajan Saini
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Sanjay Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.61 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice to the
informant has been served on 10.08.2026, but none is present on behalf of the
informant.
2. Heard Sri Sanjay Srivastava, 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.161 of 2026, under Sections 137(2), 64(1) of
B.N.S. and Sections 3/4(1) of P.O.C.S.O. Act, 2012, Police Station- Bhawanpur,
District- Meerut, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, and the evidence on record, taking into consideration
the fact that the victim has not levelled any allegation of sexual assault against the
applicant; rather, the allegation, if any, has been made against co-accused Pappu only,
and without expressing any opinion on the merits of the case, prima facie, I find it a fit
case to release the applicant on bail. Accordingly, the bail application is allowed.
5. Let the applicant- Rajan Saini, 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.
6. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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