Allahabad High Court
SHANI KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Shani Kumar in Criminal Case No. 156 of 2026, which involved charges under the B.N.S., the POCSO Act, and the SC/ST Act. The applicant claimed he was falsely implicated, citing the victim’s statement that she voluntarily left home and married him, and noting the lack of incriminating material and his clean criminal record. The prosecution highlighted the victim’s age (17 years 2 months per school records, 19 years per ossification test) and opposed bail. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P.) and the policy on bail to alleviate jail overcrowding, the court granted bail without addressing the merits. The order imposed standard bail conditions and directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether the applicant, Shani Kumar, is entitled to bail despite the serious nature of the offences alleged under the B.N.S., POCSO Act, and SC/ST Act.
- Whether the victim’s age and consent statements affect the bail consideration.
- Whether the guidelines from Supreme Court judgments on bail and jail overcrowding apply to this case.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO Act
- SC/ST Act
- age of victim
- false implication
- Supreme Court guidelines
- jail overcrowding
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30918 of 2026
Shani Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Mohan Pandey, Devendra
Kumar Bind, Praveen Kumar, Zainab
Parveen
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Anand Mohan Pandey, learned counsel for the applicant
and Shri J. P. Singh, learned A.G.A. for the State and perused the record.
At the very outset, learned AGA submits that the notice has been served
on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 156 of 2026, under Sections 137(2),
87, 64(2)(M) of B.N.S. and Section 5L/6 of POCSO Act and Section
3(2)(V) of SC/ST Act, Police Station Khutar, District Shahjahanpur,
during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that she
had left her home on her own free will and she had entered into matrimonial
alliance with the applicant with her free consent. It is further submitted that
the age of the victim has been found to be 17 years and 2 months as per
educational records of Class V and the age of the victim has been found to
be 19 years as per ossification test, however, there is no certificate of high
school or certificate of school first attended. It is further submitted that
the applicant is having no criminal history and the applicant has been
languishing in jail since 05.07.2026, in case, he is granted bail, he will not
BAIL No. 30918 of 2026
2
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that the victim is aged about 17 years
and 2 months as per educational records of Class V.
5. The first information report has been lodged against unknown alleging
therein that the daughter of the first informant had gone missing from her
house, however, the victim has been recovered and the victim in her
statement recorded under Sections 180 and 183 BNSS has stated that she had
left her home on her own free will and she had entered into matrimonial
alliance with the applicant with her free consent. It is further submitted that
the age of the victim has been found to be 17 years and 2 months as per
educational records of Class V and the age of the victim has been found to
be 19 years as per ossification test, however, there is no certificate of high
school or certificate of school first attended. It is further submitted that
the applicant is having no criminal history and the applicant has been
languishing in jail since 05.07.2026.
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- Shani Kumar 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:-
BAIL No. 30918 of 2026
3
(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 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
Jail Superintendent, Shahjahanpur 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 24, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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