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Allahabad High Court

RAVI KUMAR @ RAVI CHAUHANversusSTATE OF UP AND 3 OTHERS

Decided

Holding

Bail was granted to the applicant.

Summary

Ravi Kumar, accused under Sections 137(2), 87, 64(1) of the B.N.S. and Sections 3 and 4 of the POCSO Act, 2012, applied for bail during the pendency of trial. The State Law Officer informed the court that a notice to the informant had been served but the informant did not appear. The victim’s statement recorded under Section 183 of the B.N.S.S. indicated consent, as she had travelled with the applicant to several places. After considering the facts, the victim’s statement, and the arguments of counsel, the court found the case fit for bail. The court ordered the release of the applicant on personal bond and two sureties, subject to conditions not to tamper with evidence, intimidate witnesses, and to appear as required, with breach of conditions leading to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused under the B.N.S. and POCSO statutes given the nature of the offences.
  • Whether the victim’s statement indicating consent affects the bail determination.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • POCSO Act
  • victim consent
  • sureties
  • court conditions

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 29845 of 2026

                                    Ravi Kumar @ Ravi Chauhan
                                                                                                            .....Applicant(s)
                                                                               Versus
                                    State Of Up And 3 Others
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)               :     Anand Saroj, Sudhanshu Kumar Singh
                                    Counsel for Opposite Party(s)          :     Anju Yadav, G.A., Vivek Kumar Sharma

                                    Court No. - 68
                                    (Sr. No.67 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 21.08.2026, but none is present on behalf of the
                                    informant.

                                    2. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant, Sri R.P.
                                    Patel, learned State Law Officer for the State and perused the material placed on
                                    record.

                                    3. Applicant seeks bail in Case Crime No.129 of 2025, under Sections 137(2), 87,
                                    64(1) of B.N.S. and Sections 3/4 of P.O.C.S.O. Act, 2012, Police Station- Araon,
                                    District- Firozabad, 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, 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- Ravi Kumar @ Ravi Chauhan, 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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