Allahabad High Court

ROSHAN KUMARversusSTATE OF UP AND 3 OTHERS

Decided: 10 September 2026
Bench: KRISHAN PAHAL

Holding

The bail application is allowed.

Summary

Roshan Kumar applied for bail in a criminal case (Crime No.202 of 2026) alleging false promise of marriage, charged under IPC sections 64(2)(m), 351(3), 352 and Sections 5(l)/6 of the POCSO Act. The prosecution alleged that the applicant had established a relationship with the victim by promising marriage and later reneged. The applicant pleaded innocence, asserted readiness to marry the victim, and highlighted his clean record and willingness to cooperate with the trial. The State and the informant opposed bail, but the court found no clinching evidence that the applicant misled the victim and noted the absence of a risk of tampering or fleeing. Consequently, the court allowed the bail application, ordering release on personal bond and sureties with standard conditions.

Issues considered

Whether bail should be granted in a case involving alleged false promise of marriage and offences under IPC and POCSO statutes.
Whether the applicant poses a risk of tampering with evidence, intimidating witnesses, or fleeing.
Whether the applicant's clean criminal record and willingness to cooperate justify bail.

Legislation cited

Indian Penal Code — s. 351(3), 352, 64(2)(m)
Protection of Children from Sexual Offences (POCSO) Act — s. 5(l), 6

Subjects

bail
false promise of marriage
IPC
POCSO
sureties
trial cooperation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29863 of 2026

Roshan Kumar
.....Applicant(s)
Versus

State Of Up And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Lackey Keshari
Counsel for Opposite Party(s) : G.A., Neelesh Kumar Mishra

Court No. - 68
(Sr. No.67 out of 80 T.C.)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Lackey Keshari, learned counsel for the applicant, Sri Neelesh
Kumar Mishra, 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.202 of 2026, under Sections
64(2)(m), 351(3), 352 B.N.S. and Section 5(l)/6 of P.O.C.S.O. Act, Police
Station Syadraja, District Chandauli, during the pendency of trial.

4. As per prosecution story, the applicant is stated to have established
corporeal relationship with the victim on the false promise of marriage and
had later on refused to comply with the said promise.

5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is ready to marry the victim. The victim, by her looks, seems to be
major. As per the high-school certificate, her date of birth is 07.06.2008,
although by that date also, she comes out to be major. The applicant has no
criminal history and is in jail since 26.06.2026. He undertakes to cooperate
with the trial and not misuse the liberty of bail.

6. Learned counsel for the informant and learned A.G.A. have vehemently
opposed the bail application but the submissions raised by the learned
counsel for the applicant could not be disputed.
BAIL No. 29863 of 2026
2

7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that there being no clinching evidence to suggest that the
applicant misled the victim from the beginning, and without expressing any
opinion on the merits of the case, prima-facie 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- Roshan Kumar, 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.

8. 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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