Allahabad High Court
SAHIL ALIAS ROCKYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail despite the serious nature of the charges.
Summary
The High Court considered a bail application filed by Sahil alias Rocky, who was arrested in Crime No. 381 of 2026 for alleged rape of a 15‑year‑7‑month‑old girl under sections of the B.N.S., the SC/ST Act and the POCSO Act. The applicant contended that he was falsely implicated, that the victim’s statement indicated consent, that the medical report did not support a rape, and that he had no prior criminal record. The State argued that the victim, a minor, had expressly alleged that the applicant committed rape. After examining the evidence, the court, noting the seriousness of the offence but also the lack of incriminating material, the applicant’s clean record, and the need to decongest jails, referred to the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari. The court held that bail could be granted subject to strict conditions. Accordingly, the bail application was allowed and the applicant was ordered to be released on personal bond with two sureties.
Issues considered
- Whether bail can be granted in a case of alleged rape of a minor under the POCSO Act and related statutes
- Whether the alleged consent of the minor and lack of medical evidence affect the bail decision
- Whether the applicant’s clean criminal record and jail overcrowding justify granting bail
Legislation cited
Subjects
- bail
- rape
- minor
- POCSO Act
- SC/ST Act
- criminal procedure
- jail overcrowding
- consent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29935 of 2026
Sahil Alias Rocky
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Sunil Kumar
Saroj
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sunil Kumar Saroj, learned counsel for the applicant and
Shri Radhey Shyam, learned A.G.A. for the State and perused the record.
At the very outset, learned AGA submits that the notice has been served
on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 381 of 2026, under Sections 65(1),
123, 352, 351(3) of B.N.S. and Sections 3(2)(V), 3(2)(Va) SC/ST Act and
Section 5/6 of POCSO Act, Police Station Kankarkheda, District Meerut,
during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that on perusal
of the statement of the victim recorded under Sections 180 and 183
BNSS, it appears that she is a consenting party. It is further submitted that
the age of the victim has been found to be 15 years and 7 months as per
certificate of high school and the medico legal report does not support the
allegation of commission rape on her. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 12.05.2026, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
BAIL No. 29935 of 2026
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and it has been submitted by him that the victim is a minor girl aged about
15 years and 7 months as per certificate of high school and the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that
the applicant committed rape on her.
5. As per first information report, the applicant is said to have committed
rape on the victim aged about 15 years and on perusal of the statement of
the victim recorded under Sections 180 and 183 BNSS, it appears that she
is a consenting party. It is further submitted that the age of the victim has
been found to be 15 years and 7 months as per certificate of high school
and the medico legal report does not support the allegation of
commission rape on her. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 12.05.2026.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Sahil alias Rocky involved in the aforementioned
crime 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,
with the following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
BAIL No. 29935 of 2026
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(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Meerut via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 18, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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