Allahabad High Court
ABHISHEKversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Abhishek in a criminal case (Crime No. 476 of 2025) involving alleged offences under Sections 137(2), 65(1), 87 of the B.N.S. and Sections 3 and 4 of the POCSO Act. The applicant claimed false implication, arguing that the victim, a minor aged 14 years 9 months, had voluntarily left home, entered a matrimonial alliance, and that medical reports did not support a rape allegation. The State opposed bail, emphasizing the victim's minority and the seriousness of the charges. The Court, noting the lack of incriminating material, the applicant's clean record, the overcrowding of jails, and recent Supreme Court precedents on bail, decided that bail could be granted without prejudice to the trial. Accordingly, the Court ordered the applicant’s release on bail subject to a personal bond, sureties, and strict conditions to prevent tampering with evidence or further offences.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the B.N.S. and POCSO Act against a minor.
- Whether the victim's statements and medical reports negate the charge of rape and justify bail.
- Whether the applicant’s lack of criminal history and the state of prison overcrowding warrant bail.
Legislation cited
Subjects
- bail
- POCSO
- minor victim
- false implication
- overcrowded prisons
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31003 of 2026
Abhishek
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Kumar, Sushil Kumar
Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Narendra Kumar, learned counsel for the applicant and Shri
B.P. Maurya, 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. 476 of 2025, under Sections 137(2),
65(1), 87 of B.N.S. and Section 3/4 of POCSO Act, Police Station Kotwali
Nagar, District Etah, 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 and physical relationship was established between them. It
is further submitted that the age of the victim has been found to be 14 years
and 9 months as per certificate of high school and the age of the victim has
been found to be 15-16 years as per ossification test and her medico legal
report does not support the allegation of rape on her and her urine pregnancy
test has been found negative. It is further submitted that the victim has
already been examined before the learned trial Court and she has reiterated
the same version before the learned trial Court, which was earlier recorded
under sections 180 and 183 BNSS. It is further submitted that the applicant
is having no criminal history and the applicant has been languishing in jail
BAIL No. 31003 of 2026
2
since 25.12.2025, in case, he is granted bail, he will not 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 a minor girl aged about
14 years and 9 months as per certificate of high school and the age of the
victim has been found to be 15-16 years as per ossification test.
5. As per first information report, the applicant is said to have enticed away
the daughter of the first informant, 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 and physical
relationship was established between them. It is further submitted that the
age of the victim has been found to be 14 years and 9 months as per
certificate of high school and the age of the victim has been found to be 15-
16 years as per ossification test and her medico legal report does not support
the allegation of rape on her and her urine pregnancy test has been found
negative. It is further submitted that the victim and first informant have
already been examined before the learned trial Court and there is no chance
of tampering of evidence. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 25.12.2025.
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- Abhishek 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
BAIL No. 31003 of 2026
3
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 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, Etah 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.
September 24, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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