Allahabad High Court
DILSHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the bail application was a fit case for bail and granted it with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Dilshad, who was charged under Sections 87, 137(2), 64 of the BNS and Sections 5/6 of the POCSO Act for alleged sexual offences against a 16‑year‑old girl. The applicant contended that the relationship was consensual, that the victim’s age was not conclusively proven, and that there was no medical evidence supporting a rape allegation. The State argued that the victim was a minor and that the seriousness of the offences warranted continued detention. After reviewing the record, the Court, without expressing an opinion on the merits, held that the case was suitable for bail and ordered release on personal bond with two sureties, subject to strict conditions to prevent tampering or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- The applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail in offences under the BNS and POCSO statutes involving a minor.
- Whether the alleged consensual nature of the relationship and the lack of definitive age proof justify bail.
- The risk of witness tampering or intimidation if bail is granted.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 483, 64, 87
- B.N.S.S. — s. 180, 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 5, 6
Subjects
- bail
- minor
- POCSO
- consent
- age determination
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30724 of 2026
Dilshad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ankit Mishra, learned counsel for the applicant, Sri Ashish
Kumar Tripathi, 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. 310 of 2025 under Sections 87,
137(2), 64 BNS and 5/6 POCSO Act registered at Police Station
Vishnupura, District Kushinagar during pendency of the trial.
3. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.
4. 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 was in
consensual relationship with the applicant and she left her home and went
along with the applicant and physical relationship was established between
them with mutual consent. It is further submitted that age of the victim has
been found to be 16 years and 6 months as per certificate of class VIth on the
alleged date of occurrence, 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 external medico-legal
report of the victim does not support the allegation of rape on her and she
has refused to undergo internal medico-legal examination. It is further
BAIL No. 30724 of 2026
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submitted that applicant, who has no criminal history, has been languishing
in jail since 12.3.2026 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. opposed the prayer for grant of bail to
the applicant and submits that victim is a minor girl aged about 16 years and
6 months as per certificate of class VIth on the alleged date of occurrence.
6. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 19 years for the purpose of marriage, however,
she has been recovered. The victim has stated in her statements recorded
under sections 180 and 183 BNSS that she was in consensual relationship
with the applicant and she left her home and went along with the applicant
and physical relationship was established between them with mutual
consent. The victim is aged about 16 years and 6 months as per certificate of
class VIth on the alleged date of occurrence, however, there is no certificate
of High School or school first attended and no radiological examination has
been conducted for determination of her age. External medico-legal
examination of the victim does not support the allegation of commission of
rape on her and she has refused to undergo internal medico-legal
examination. Applicant, who has no criminal history, has been languishing
in jail since 12.3.2026.
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 Dilshad 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.
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(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.
(Jitendra Kumar Sinha,J.)
September 23, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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