Allahabad High Court
RAMLAKHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on a prima‑facie basis, subject to conditions.
Summary
The High Court considered a bail application filed by Ramlakhan, who was arrested in connection with a case registered as Crime No.354 of 2025 under Sections 137(2), 87, 64 of the B.N.S. Act and Sections 3 and 4 of the POCSO Act. The applicant contended that he was falsely implicated, that the alleged victim had married him, consented to the relationship, and appeared to be a major despite claiming to be 17 years old. The State opposed bail but could not refute the applicant’s claim of innocence or the victim’s expressed willingness to stay with him. After evaluating the material on record, the court held that, on a prima‑facie basis, the applicant had made out a case for bail. Consequently, the court ordered his release on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to an accused under the POCSO Act and related sections when the alleged victim has consented and married the accused.
- Whether the alleged age of the victim (claimed 17 years) affects the grant of bail.
Legislation cited
- B.N.S. Act — s. 137(2), 64, 87
- POCSO Act — s. 3, 4
Subjects
- bail
- POCSO Act
- consent
- marriage
- criminal procedure
- sections 137 87 64
- sections 3 4
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29874 of 2026
Ramlakhan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.73 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that the
notice to the informant has been served on 28.07.2026, but none is present
on behalf of the informant.
2. Heard Sri Manish Yadav, 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.354 of 2025, under Sections
137(2), 87, 64 B.N.S. and Section 3/4 P.O.C.S.O. Act, Police Station
Dakshin, District Firozabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party, as she has married the applicant and expressed
her willingness to stay with him only. She, by her looks, seems to be major,
although she has mentioned her age to be 17 years. The applicant has no
criminal history and is in jail since 18.04.2025. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
BAIL No. 29874 of 2026
2
consideration the fact that the victim has married the applicant and expressed
her willingness to stay with him only, 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.
7. Let the applicant- Ramlakhan, 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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