Allahabad High Court
RAHULversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail, finding that the applicant had made out a prima facie case for release.
Summary
The High Court considered a bail application filed by Rahul, who is accused under IPC sections 363, 366, 376(2)(n) and POCSO Act sections 5(L) and 6 for offences alleged to have occurred in Gautam Budh Nagar. The victim, a 19‑year‑old woman, testified that she had married Rahul, lived with him for over a year, and was unaware of the FIR lodged by her parents. Rahul claimed absolute innocence, had no prior criminal record, and had been in custody since 10 June 2025. The State opposed bail but could not refute the applicant’s submissions or the victim’s statement. After evaluating the material on record, the Court held that a prima facie case for bail existed and ordered his release on personal bond and two sureties, subject to standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to an accused facing charges under IPC 363, 366, 376(2)(n) and POCSO Act 5(L)/6 pending trial
- Whether the victim’s statement under Section 183 of the CrPC creates a prima facie case for bail
- Whether the conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 363, 366, 376(2)(n)
- Protection of Children from Sexual Offences Act, 2012 — s. 5(L), 6
Subjects
- bail
- criminal procedure
- IPC
- POCSO
- prima facie
- victim statement
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30765 of 2025
Rahul
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.147 out of 259)
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 26.08.2025, but none is present on behalf
of the informant.
2. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.177 of 2024, under Sections 363,
366, 376(2)(n) IPC and Section 5(L)/6 of POCSO Act, Police Station-
Bisrakh, District- Gautam Budh Nagar, 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 has stated herself to be 19 years old in her statement recorded under
Section 183 BNSS and has further stated that she had married the applicant
and stayed in his house for more than one year. She has stated that she was
unaware of the FIR instituted by her parents. The applicant has no criminal
history and is in jail since 10.06.2025. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 30765 of 2025
2
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 183
B.N.S.S., 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. The bail application is allowed.
7. Let the applicant- Rahul, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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