Allahabad High Court
KOMAL ALIAS HRISHCHANDRAversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted bail subject to conditions.
Summary
The High Court considered a bail application filed by Komal alias Hrishchandra, who was arrested in a case under Sections 137(2), 65(1) BNS and 3/4(2) of the POCSO Act for alleged outraging modesty that was later escalated to rape. The applicant pleaded innocence, arguing lack of medical corroboration and that the victim’s statement changed after the FIR was lodged. The State opposed bail but could not refute the applicant’s submissions. The court noted the absence of medical evidence and the victim’s initial limited complaint, concluding that the applicant had established a case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions prohibiting evidence tampering, intimidation of witnesses, and mandating appearance before the trial court.
Issues considered
- Whether bail should be granted in a POCSO‑related case where the victim’s allegation was altered and no medical evidence exists
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
- Whether the change in the victim’s statement affects the presumption of innocence for bail purposes
Legislation cited
- BNS Act — s. 65(1)
- Code of Criminal Procedure, 1973 — s. 137(2)
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 3, 4(2)
Subjects
- bail
- POCSO Act
- outraging modesty
- medical evidence
- trial conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30265 of 2025
Komal Alias Hrishchandra
.....Applicant(s)
Versus
State Of Up And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No.132 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 2.9.2025.
2. Heard Sri Ashish Singh, learned counsel for the applicant as well as Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 158 of 2025, under Sections
137(2), 65(1) BNS and 3/4(2) POCSO Act, Police Station Chhatari, District
Bulandshahr, 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 herself has instituted the FIR and had only made the allegations of
outraging the modesty but subsequently, she has escalated the allegations to
that of rape in her statement recorded u/s 183 BNSS as an afterthought.
There is no medical corroboration of the incident.
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
7.5.2025 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. 30265 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 fact that there is no medical corroboration of the incident
and that initially, the informant/victim had instituted the FIR against the
applicant regarding outraging of modesty only 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- Komal Alias Hrishchandra, 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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