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Allahabad High Court

DHARMENDRAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court granted bail to the applicant, subject to bond and surety conditions.

Summary

The applicant, Dharmendra, was charged in Crime No.65 of 2026 under Sections 137(2), 87, 65(1) of the B.N.S. and Sections 3/4(2) of the P.O.C.S.O. Act for an alleged offence at Jaswant Nagar police station, Etawah. The victim’s statement recorded under Section 183 of the B.N.S.S. indicated her consent to the act. The applicant applied for bail during the pendency of the trial, and both parties were represented before the High Court of Judicature at Allahabad. After considering the facts, the victim’s consent, and the submissions of counsel, the court found a prima facie case for bail. The court ordered the release of the applicant on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court. Breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.

Issues considered

  • Whether bail should be granted to the accused under the charged sections given the victim’s consent.
  • Whether the presence of a prima facie case justifies bail during the pendency of trial.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • victim consent
  • P.O.C.S.O. Act
  • B.N.S.
  • surety
  • personal bond

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 29877 of 2026

                                    Dharmendra
                                                                                                             .....Applicant(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                        .....Opposite Party(s)

                                    Counsel for Applicant(s)             :   Girijesh Kumar Gupta, Shiv Shankar Pd
                                                                             Gupta
                                    Counsel for Opposite Party(s)        :   G.A.

                                    Court No. - 68
                                    (Sr. No.74 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 17.08.2026, but none is present on behalf of the
                                    informant.

                                    2. Heard Sri Girijesh Kumar Gupta, 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.65 of 2026, under Sections 137(2), 87, 65(1)
                                    of B.N.S. and Sections 3/4(2) of P.O.C.S.O. Act, Police Station- Jaswant Nagar,
                                    District- Etawah, 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, 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- Dharmendra, 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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