Allahabad High Court
DINESH SAKETversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail, subject to the stipulated conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Dinesh Saket, who was charged under Sections 137(2), 87, 64(2) of the same Act and Sections 5 and 6 of the POCSO Act. The applicant claimed false implication, citing the victim’s statement that she left home voluntarily and entered a matrimonial alliance with his consent, and highlighted his clean criminal record and prolonged pre‑trial detention since 16 July 2026. The State opposed bail, alleging that the applicant had enticed a minor girl and that a pregnancy was involved. The Court, after reviewing the record and without expressing an opinion on the merits, found the case suitable for bail, emphasizing the totality of facts, the pendency of trial, and the applicant’s lack of prior offences. Bail was granted subject to a personal bond, two sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences including those under the POCSO Act.
- Whether the victim’s alleged consent and age affect the grant of bail.
- Whether the applicant’s clean criminal record and the pendency of trial justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 180, 183, 351, 483, 64(2), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5, 6
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- POCSO Act
- consent
- minor victim
- pre‑trial detention
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30704 of 2026
Dinesh Saket
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Ankit Tiwari
Counsel for Opposite Party(s) : Annapurna Devi, G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ankit Tiwari, learned counsel for the applicant, Ms. Jyoti Agrahari,
Advocate, holding brief of Ms. Annapurna Devi, learned counsel for the first
informant, Sri B.P. Maurya, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 101 of 2026 under Sections 137(2), 87, 64(2) BNS and 5/6
POCSO Act registered at Police Station George Town, District Prayagraj during
pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in the present case and the victim in her statements recorded under
sections 180 and 183 BNSS has stated that she left her home on her own free will and
entered into matrimonial alliance with the applicant with her consent. It is further
submitted that victim is aged about 17 years 3 months as per certificate of class
IXth, however, there is no certificate of High School or school first attended and no
radiological examination has been conducted for determination of her age. It is further
submitted that applicant, who has no criminal history, has been languishing in jail
since 16.7.2026 and he undertakes that he will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases in the Court, there
is no likelihood of any early conclusion of trial.
5. On the other hand, learned A.G.A. as well as learned counsel for the first informant
opposed the prayer for grant of bail to the applicant.
6. As per the FIR, applicant is said to have enticed away the daughter of the first
informant aged about 16 years, however, she has been recovered. The victim has
stated in her statements recorded under sections 180 and 183 BNSS that she was in
contact with the applicant for the last four years and she left her home and entered into
BAIL No. 30704 of 2026
2
matrimonial alliance with the applicant with her consent. She has also stated that she
has pregnancy of two months. The victim is aged about 17 years 3 months as per
certificate of class IXth, however, there is no certificate of High School or school first
attended and no radiological examination has been conducted for determination of her
age. Applicant, who has no criminal history, has been languishing in jail since
16.7.2026.
7. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
8. Let the applicant Dinesh Saket involved in the aforesaid case crime be released on
bail on his furnishing a personal bond with 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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
September 23, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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