Allahabad High Court
AKASHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail as the case is prima facie and the circumstances do not warrant continued detention.
Summary
Akash was arrested in connection with a case registered as Crime No. 62 of 2026, alleged to have violated Sections 137(2), 87, 61(2), 351(3) of the Indian Penal Code, Section 17 of the POCSO Act and Section 183 of the Criminal Procedure Code. The FIR was lodged three days after the alleged incident and there was no medical evidence to corroborate the victim's claim. The victim’s statement recorded under Section 183 indicated that she was a consenting party and did not raise any alarm during the encounter. The court examined the delay, the absence of medical proof, and the victim’s statement, and concluded that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a POCSO‑related offence where the FIR is delayed and there is no medical corroboration?
- Whether the victim’s statement indicating consent negates the seriousness of the charges for the purpose of bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 351(3), 61(2), 87
- Protection of Children from Sexual Offences Act — s. 17
Subjects
- bail
- POCSO
- delayed FIR
- victim consent
- medical evidence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29889 of 2026
Akash
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 175 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 21.8.2026.
2. Supplementary affidavit filed by learned counsel for the applicant is taken
on record.
2. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant, Sri
R.M. Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 62 of 2026, under Sections
137(2), 87, 61(2), 351(3) BNS and 17 POCSO Act, Police Station Civil
Lines, 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 delay of about three days in lodging of FIR, there being no
medical corroboration of the incident; the statement of the victim recorded
u/s 183 BNSS, whereby she seems to be consenting party, as she has not
raised any alarm during the sojourn with the applicant; 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. Accordingly, the bail
application is allowed.
5. Let the applicant- Akash, who is involved in aforementioned case crime
BAIL No. 29889 of 2026
2
be released on bail on his furnishing a personal bond and two sureties each
in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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