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Allahabad High Court

KARAN MISHRAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court granted bail to the applicant, Karan Mishra, subject to conditions.

Summary

The High Court considered a bail application filed by Karan Mishra, who was arrested in connection with a case registered under Sections 137(2), 87, 64(2)(M) of the B.N.S.S. and Sections 5(L) and 6 of the POCSO Act. The applicant claimed innocence, asserted that the alleged victim was a consenting party, and highlighted the absence of any prior criminal record. The victim’s statement under Section 183 of the B.N.S.S. indicated that she had voluntarily accompanied the applicant and raised no alarm. The State opposed bail but could not refute the applicant’s submissions. After evaluating the facts, the court found that the applicant had made out a case for bail and ordered his release on personal bond with sureties, subject to standard conditions.

Issues considered

  • Whether bail should be granted to the accused under the specified provisions of the B.N.S.S. and POCSO Act considering the victim's alleged consent and the applicant's lack of criminal history.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • consent of victim
  • POCSO Act
  • B.N.S.S.
  • Section 183
  • personal bond
  • sureties

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 30264 of 2025

Karan Mishra
                                                            .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)      : Ashish Kumar Ojha,              Mohammad
                                Waseem, Varsha Singh
Counsel for Opposite Party(s) : Bheshaj Puri, G.A.

Court No. - 65
(Sl. No. 136 out of 262)

                           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 20.8.2025.

2. Heard Ms. Varsha Singh, learned Advocate holding brief for Sri Ashish
Kumar Ojha, learned counsel for the applicant as well as Sri V.K.S. Parmar,
learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 216 of 2025, under Sections
137(2), 87, 64(2)(M) BNS and 5(L)/6 POCSO Act, Police Station Subhash
Nagar, District Bareilly, 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 is but evident from her statement recorded
under Section 183 B.N.S.S. whereby she had gone with the applicant all the
way to Giridih, Bihar and did not raise any alarm whatsoever.

5. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
17.4.2025 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.

6. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
                                                                                                       BAIL No. 30264 of 2025
                                                                          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 the statement of the victim recorded u/s 183 BNSS, whereby
                                    she seems to be consenting party and without expressing any opinion on the
                                    merits of the case, 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- Karan Mishra, who is involved in aforementioned
                                    case 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
                                    subject to following conditions. Further, before issuing the release order, the
                                    sureties be verified.

                                    (i) The applicant shall not tamper with evidence during trial.
                                    (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
                                    (iii) The applicant shall appear before the trial court on the date fixed.

                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. It is made clear that observations made in granting bail to the applicant
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                                        (Krishan Pahal,J.)
                                    April 2, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad


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