Allahabad High Court
ROHIT SHETTHIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted bail.
Summary
Rohit Shetthi applied for bail in a criminal case (Crime No. 57 of 2025) involving offences under Sections 137(2), 87, 61(2) of the Indian Penal Code, and Sections 16 and 17 of the POCSO Act. The victim’s statement recorded under Section 183 of the CrPC indicated that the applicant had no role in the incident. After hearing arguments from counsel for both sides and reviewing the evidence, the court found 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. The court warned that breach of these conditions would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether bail should be granted to the accused Rohit Shetthi pending trial for offences under the IPC and POCSO Act, considering the victim’s statement and the prima facie nature of the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 61(2), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 16, 17
Subjects
- bail
- POCSO Act
- Indian Penal Code
- Criminal Procedure Code
- victim statement
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30326 of 2026
Rohit Shetthi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shailendra Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.52 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 23.8.2026.
2. Heard Sri Deepak Singh Yadav, learned Advocate holding brief for Sri
Shailendra Kumar Yadav, learned counsel for the applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 57 of 2025, under Sections
137(2), 87, 61(2) BNS and 16/17 of POCSO Act, Police Station Jamalpur,
District Mirzapur, 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 BNSS, whereby
no role has been assigned to the applicant in the incident 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- Rohit Shetthi, 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
verification of sureties, with the condition that he shall not tamper with
BAIL No. 30326 of 2026
2
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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