Allahabad High Court
ASHUTOSH DUBEY @ VISHAL DUBEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the case is fit for bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ashutosh Dubey, who is charged with offences including sections 137(2), 87, 64(2), 351(3), 352 of the same Act and sections 3 and 4 of the POCSO Act. The applicant claimed false implication, citing contradictions between the victim's statements recorded under sections 180 and 183, and argued the victim’s medico‑legal report did not support a rape allegation. The State highlighted that the victim is a minor (approximately 17 years and 8 months) and noted the applicant’s prior criminal history and his continued detention since June 2026. After reviewing the record, the Court, without expressing a view on the merits, found the matter suitable for bail and ordered the applicant’s release on personal bond with two sureties, subject to strict conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite allegations of offences against a minor under the POCSO Act.
- Whether contradictions in the victim’s statements and lack of medico‑legal corroboration affect the grant of bail.
- Whether the applicant’s prior criminal history and continued detention justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 180, 183, 351(3), 352, 483, 64(2), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- minor victim
- POCSO
- contradictory statements
- criminal history
- personal bond
- sureties
- section 483
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31014 of 2026
Ashutosh Dubey @ Vishal Dubey
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kumar Solanki, Samrat Vikram
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Samrat Vikram Singh, learned counsel for the applicant, Sri
Radhey Shyam, 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. 115 of 2026 under Sections 137(2),
87, 64(2), 351(3), 352 BNS, 3/4 POCSO Act registered at Police Station
Bilariyaganj, District Azamgarh 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 there are material
contradictions in the statements of the victim recorded under sections 180
and 183 BNSS. It is further submitted that the victim in her statement
recorded under sections 180 BNSS has stated that she left her home and
eloped with the applicant on her own free will whereas in her statement
under section 183 BNSS, she has stated that applicant established physical
relationship with her on false promise of marriage for the last five years. It is
further submitted that victim is aged about 17 years and 8 months as per
certificate of High School and her medico-legal report does not support the
allegation of commission of rape on her. It is further submitted that applicant
BAIL No. 31014 of 2026
2
has criminal history of two cases in which he is on bail. It is further
submitted that applicant has been languishing in jail since 07.6.2026 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 17 years and
8 months as per certificate of High School.
6. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 18 years, however, she has been recovered.
However, there appears to be material contradictions in the statements of the
victim recorded under sections 180 and 183 BNSS. The victim is aged about
17 years and 8 months as per certificate of High School and her medico-
legal report does not support the allegation of commission of rape on her.
Applicant has criminal history of two cases in which he is on bail and he has
been languishing in jail since 07.6.2026.
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 Ashutosh Dubey @ Vishal Dubey 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.
(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.
BAIL No. 31014 of 2026
3
(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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