Allahabad High Court
ADITYA KUMAR JHAversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Aditya Kumar Jha, who was arrested in a case alleging an attempt to commit rape under Sections 3 and 4 of the POCSO Act and Sections 62 and 64(1) of the B.N.S. Act. The applicant claimed false implication, asserted that the 17‑year‑old victim was a consenting party, and highlighted the absence of any injury to his private parts, his clean record and the overcrowding of jails. The State opposed bail, relying on the victim’s statements recorded under Sections 180 and 183 of the B.N.S. Act that he attempted rape. The Court, after noting the Supreme Court’s recent pronouncements in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., and the policy on bail, decided that the applicant was entitled to bail without expressing a view on the merits. Accordingly, bail was granted subject to a personal bond, sureties and several conditions, and procedural directions were issued for verification and release.
Issues considered
- Whether bail can be granted in an alleged attempt to commit rape under the POCSO Act involving a minor.
- Whether the lack of physical injury and the claim of consent by the victim affect the bail decision.
- Whether the applicant's clean criminal record and jail overcrowding justify bail.
- How the Supreme Court precedents in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P. influence bail jurisprudence.
Legislation cited
- B.N.S. Act — s. 62, 64(1)
- POCSO Act — s. 3, 4
Subjects
- bail
- POCSO Act
- attempted rape
- minor victim
- false implication
- jail overcrowding
- Supreme Court precedent
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31053 of 2026
Aditya Kumar Jha
.....Applicant(s)
Versus
State Of Up And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Afzal Ahmad Khan Durrani, Rohit
Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Afzal Ahmad Khan Durrani, learned counsel for the
applicant and Sri Uma Shanker Mishra, learned A.G.A. for the State and
perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 130 of 2026, under Sections 64(1), 62
of BNS and Section 3/4 of POCSO Act, Police Station Link Road,,
District Ghaziabad, during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim is
aged about 17 years and 08 months on the alleged date of occurrence as
per certificate of High School and no mark of injury has been seen in the
private part of the applicant as the victim herself in her statement under
Sections 180 and 183 BNSS has stated that she had beaten the private part
of the applicant. It is next submitted that as per allegation in the FIR, the
applicant is said to have attempted to commit rape on the victim,
however, from the conduct of the victim, it appears that she is a
consenting party. It is also submitted that the applicant has been
languishing in jail since 5.6.2026 and he is having no criminal history. It
is lastly submitted that in case the applicant is granted bail, he will not
BAIL No. 31053 of 2026
2
misuse the liberty of bail and would cooperate in the trial proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail,
however, it is submitted that the victim in her statement recorded under
Sections 180 and 183 BNSS has stated that the applicant attempted to
commit rape on her.
6. As per certificate of High school of the victim, she is aged about 17
years and 08 months on the alleged date of occurrence and there is
allegation of attempt to commit rape on the victim. There is no injury in
the private part of the applicant, which does not corroborate the
statements of the victim recorded under Sections 180 and 183 BNSS and
it is submitted that from the conduct of the victim, it appears that she is a
consenting party. The applicant has been languishing in jail since
5.6.2026 and he is having no criminal history.
7. 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Aditya Kumar Jha 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:-
(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
BAIL No. 31053 of 2026
3
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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent 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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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