Allahabad High Court
MAHIMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant.
Summary
The High Court considered a bail application filed by Mahima, who is accused under Sections 137(2), 87, 352, 351(4), 64(1) of the B.N.S.S. Act and Sections 3 and 4 of the POCSO Act. The applicant asserted that he is innocent and that the alleged victim, who gave a statement under Section 183 of the B.N.S.S., is a consenting party and has married him, although she claims to be 16 years old. The State Law Officer and the informant opposed bail but could not rebut the applicant’s submissions. After examining the material on record and the victim’s statement, the court held that the applicant had made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties and conditions of non‑tampering with evidence, non‑intimidation of witnesses and mandatory appearance before the trial court.
Issues considered
- Whether bail should be granted to an accused under the B.N.S.S. and POCSO statutes when the alleged victim appears to be a consenting party and possibly a minor
- Whether a statement recorded under Section 183 of the B.N.S.S. indicating consent influences the bail determination
Legislation cited
Subjects
- bail
- B.N.S.S.
- POCSO
- consent
- minor
- criminal procedure
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30383 of 2025
Mahima
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Singh Baish
Counsel for Opposite Party(s) : G.A., Pawan Kumar Mishra
Court No. - 65
(Sl. No. 144 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice to
the informant has been served on 2.9.2025.
2. Heard Sri Rajesh Singh Baish, learned counsel for the applicant, Sri
Pawan Kumar Mishra, learned counsel for the informant as well as Sri J.K.
Chaurasia, learned State Law Officer and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 154 of 2025, under Sections
137(2), 87, 352, 351(4), 64(1) BNS and 3/4 POCSO Act, Police Station
Adalhat, District Mirzapur, 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 has married the applicant. The
victim by her looks, seems to be major, although she has stated her age to be
16 years old.
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
28.6.2025 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 State Law Officer and learned counsel for the informant have
BAIL No. 30383 of 2025
2
vehemently opposed the bail application but could not dispute the
submissions made by the counsel for the applicant.
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- Mahima, 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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