Allahabad High Court

MANISH BINDversusSTATE OF U.P. AND 3 OTHERS

Decided: 23 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court held that the case is fit for bail and allowed the bail application.

Summary

Manish Bind was arrested in a POCSO case alleging rape of a 15‑year‑old girl. The victim’s statements under sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita claim a consensual relationship with the accused, and the medico‑legal report does not support a rape allegation. No radiological age verification or higher‑level school certificate was produced. The accused, with no prior criminal record, had been in custody since 28‑June‑2026 and sought bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court, after noting the lack of conclusive evidence and the applicant’s clean record, held the matter fit for bail and ordered his release on personal bond with two sureties, subject to standard conditions. The order expressly limited its scope to bail and did not comment on the merits of the case.

Issues considered

Whether bail can be granted under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a POCSO offence involving a minor where the victim’s statements allege consent.
Whether the absence of age‑verification evidence and medical corroboration affects the bail decision.
Whether the accused poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 180, 183, 351, 483
Protection of Children from Sexual Offences (POCSO) Act — s. 65(1)

Subjects

bail
POCSO
minor
rape
consent
age verification
medico‑legal evidence
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31008 of 2026

Manish Bind
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Abhishek Kumar Kushwaha, Arvind
Kumar Kushwaha, Shweta Kesarwani
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Arvind Kumar Kushwaha along with Ms. Shweta Kesarwani,
learned counsel for the applicant, Sri J.P. Singh, 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. 348 of 2026 under Section 65(1)
BNS, 5(L)/6 POCSO Act registered at Police Station Chandauli, District
Chandauli 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
relationship with the applicant for the last two years and the applicant had
called her to his house for the purpose of marriage. It is further submitted
that victim is aged about 15 years as per certificate of class VIIIth, 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 medico-legal report of the victim does not support
the allegation of commission of rape on her and the victim has stated before
the doctor that she entered into physical relationship with the applicant 2-3
BAIL No. 31008 of 2026
2

months ago with mutual consent. It is further submitted that applicant, who
has no criminal history, has been languishing in jail since 28.6.2026 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 15 years as
per certificate of class VIIIth, however, he does not dispute that there is no
certificate of High School or school first attended and no radiological
examination has been conducted for determination of her age.

6. As per the FIR, applicant is said to have committed rape on the victim.
However, she has stated in her statement recorded under sections 180 BNSS
that she was on consensual relationship wit the applicant for the last two
years and she was called by the applicant to his house for the purpose of
marriage. the victim has stated in her statement under section 183 BNSS that
physical relationship was established between her and the applicant 2-3
months ago with mutual consent. She has also stated the said fact before the
doctor who conducted her medico-legal examination. The victim is aged
about 15 years as per certificate of class VIIIth, however, there is no
certificate of High School or school first attended and no radiological
examination has been conducted for determination of her age and her
medico-legal examination does not support the allegation of commission of
rape on her. Applicant, who has no criminal history, has been languishing in
jail since 28.6.2026.

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 Manish Bind 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
BAIL No. 31008 of 2026
3

dissuade him from disclosing such facts to the court or to any police officer
or tamper with the evidence.

(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 24, 2026
Madhurima

Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad

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