Allahabad High Court
AAKASH RAJBHARversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant.
Summary
Aakash Rajbhar applied for bail in a criminal case (Crime No. 477 of 2026) involving alleged offences under Sections 137(2), 87, 64(1) of the B.N.S. and Sections 3 and 4 of the POCSO Act. The victim, an 18‑year‑old, gave a statement under Section 183 of the B.N.S. indicating consent and had travelled with the applicant to several places. The court examined the evidence, including an ossification test report confirming the victim's age, and considered the submissions of counsel. Finding no merit to detain the applicant and noting the victim's consent, the court deemed the case fit for bail. Accordingly, bail was granted on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court.
Issues considered
- Whether bail should be granted in a case involving alleged sexual offences under the B.N.S. and POCSO Act, considering the victim's consent and age.
Legislation cited
- B.N.S. — s. 137(2), 183, 64(1), 87
- P.O.C.S.O. Act — s. 3, 4
Subjects
- bail
- sexual offences
- consent
- POCSO
- victim age
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29826 of 2026
Aakash Rajbhar
.....Applicant(s)
Versus
State Of Up And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Balram Mishra
Counsel for Opposite Party(s) : Alauddin, Fakhruddin, G.A.
Court No. - 68
(Sr. No.64 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Balram Mishra, learned counsel for the applicant, Sri Fakhruddin,
learned counsel for the informant, Sri Uma Shanker Mishra, learned A.G.A. for the
State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.477 of 2026, under Sections 137(2), 87,
64(1) of B.N.S. and Section 3/4 of P.O.C.S.O. Act, Police Station- Dhanghata,
District- Sant Kabir Nagar, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, the evidence on record, taking into consideration the statement
of the victim recorded u/s 183 B.N.S.S., which indicates towards her consent, as she
had travelled with the applicant to several places, including Gorakhpur and Jammu
and that she is 18 years old as per ossification test report, 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- Aakash Rajbhar, 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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