Allahabad High Court
RAMKARANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ramkaran, accused under Sections 137(2), 64(1) of the Criminal Procedure Code and Sections 3 and 4 of the POCSO Act for alleged sexual intercourse with a 17‑year‑old girl. The applicant claimed the relationship was consensual, that the victim had left home voluntarily, and that the medico‑legal report showed no spermatozoa, arguing false implication. The prosecution opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P.) and the policy on overcrowded jails, the court granted bail without commenting on the merits, imposing standard conditions. The order directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether bail can be granted to an accused under the POCSO Act when the alleged victim is a minor who allegedly consented.
- Whether the absence of spermatozoa in the medico‑legal report negates the offence under Sections 3/4 of the POCSO Act.
- Whether the applicant's age, lack of prior criminal record, and the nature of the allegations justify bail.
- How Supreme Court guidelines on bail (Kapil Wadhawan, Maya Tiwari, Policy Strategy for Grant of Bail) apply to this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 180, 183, 64(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- POCSO Act
- minor
- consent
- Criminal Procedure Code
- Supreme Court guidelines
- overcrowded jails
- adolescent love
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30709 of 2026
Ramkaran
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Singh Parmar
Counsel for Opposite Party(s) : G.A., Raja Ullah Khan
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised. Heard Sri Rajeev Kumar Singh Parmar, learned counsel
for the applicant and Sri Ashish Kumar Tripathi, learned A.G.A. for the
State and Mr. Raja Ullah Khan, learned counsel for the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 266 of 2026, under Sections 137(2),
64(1) BNS and Section 3/4 of POCSO Act, Police Station Roja, District
Shahjahanpur during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the present
case is a case of adolescent love. It is next submitted that the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that
she was in love with the applicant and she had left her home on her free
will and the applicant established physical relationship with her on her
consent. It is further submitted that the applicant is aged about 18 years
and the age of the victim has been found to be 17 years and 04 months as
per certificate of High School. It is further submitted that the medico-legal
report of the victim does not support the commission of rape on her as no
spermatozoa has been found in her vaginal smear. It is also submitted
that the applicant has been languishing in jail since 18.6.2026 and he is
having no criminal history. It is lastly submitted that in case the applicant
is granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
BAIL No. 30709 of 2026
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4. Per contra, learned counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail but could not dispute the
aforesaid facts.
5. As per the allegation in the FIR, the applicant and co-accused are said
to have enticed away the daughter of the first informant and the victim is
said to have taken away some cash and jewellery with her, however, the
victim has been recovered. The victim in her statement recorded under
Sections 180 and 183 BNSS has stated that she was in love with the
applicant and she had left her home on her free will and the applicant
established physical relationship with her on her consent. The applicant is
aged about 18 years and the age of the victim has been found to be 17
years and 04 months as per certificate of High School and the medico-
legal report of the victim does not support the commission of rape on her.
The applicant has been languishing in jail since 18.6.2026 and he is
having no criminal history.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Ramkaran involved in the aforementioned 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, 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
BAIL No. 30709 of 2026
3
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 23, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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