Allahabad High Court
KASIFversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the accused as the case was deemed fit for release on bail pending trial.
Summary
The applicant, Kasif, was charged in Crime No.183 of 2026 under Sections 137(2), 65(1) and 87 of the B.N.S. and Sections 3 and 4(2) of the P.O.C.S.O. Act for alleged offences arising from a trip with the victim. The victim’s statement recorded under Section 183 of the B.N.S. indicated that she had travelled with the applicant, gave consent and did not raise any alarm during the journey. Kasif applied for bail during the pendency of the trial. The court examined the material on record, the victim’s consent, and the arguments of counsel. Finding no prima‑facie reason to deny liberty and noting the victim’s consent, the court held that bail was appropriate. Accordingly, the bail application was allowed 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 an accused charged under the B.N.S. and P.O.C.S.O. Act when the victim’s statement indicates consent.
Legislation cited
- B.N.S. — s. 137(2), 65(1), 87
- P.O.C.S.O. Act — s. 3, 4(2)
Subjects
- bail
- criminal procedure
- consent
- POCSO Act
- B.N.S.
- trial
- sureties
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29811 of 2026
Kasif
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Ashok Kumar Singh Bais
Counsel for Opposite Party(s) : G.A., Shabista Parveen
Court No. - 68
(Sr. No.62 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the informant has
been served on 10.08.2026, but none is present on behalf of the informant.
2. Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicant, Ms. Shabista
Parveen, learned counsel for High Court Legal Services Committee, Sri Arun Kumar
Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.183 of 2026, under Sections 137(2), 65(1),
87 of B.N.S. and Sections 3/4(2) of P.O.C.S.O. Act, Police Station- Rampur
Maniharan, District- Saharanpur, 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 statement of the victim recorded under Section 183 B.N.S.S., which indicates
towards her consent, as she had travelled with the applicant to several places and did
not raise any alarm during the said sojourn and journey, 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- Kasif, 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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