Allahabad High Court
VINAY KHARWARversusSTATE 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 Vinay Kharwar, who was arrested in a case under Sections 137(2) and 64(1) of the IPC and Sections 3 and 4 of the POCSO Act for allegedly enticing a girl aged about 16 years. The victim’s statements under Sections 180 and 183 of the CrPC indicated a consensual relationship and that she was pregnant, while medical and school records gave conflicting ages (18 years and 16 years 10 months). The applicant argued false implication, lack of criminal history, and prolonged pre‑trial detention since 23 May 2026. The State opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs State UP) and the policy on bail, the court held that the applicant was entitled to bail, subject to strict conditions, and ordered his release.
Issues considered
- The applicability of bail provisions in offences under the POCSO Act where the alleged victim is a minor but claims consent.
- Whether the conflicting age evidence of the victim affects the bail decision.
- The relevance of Supreme Court guidelines on bail and overcrowded prisons to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180, 183
- Indian Penal Code — s. 137(2), 64(1)
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- POCSO Act
- consent
- minor
- age dispute
- Supreme Court guidelines
- overcrowded prisons
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31055 of 2026
Vinay Kharwar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Misra
Counsel for Opposite Party(s) : G.A., Prakash Sharma
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Chandra Prakash Misra, learned counsel for the applicant and
Sri O.P. Singh, learned A.G.A. for the State and Miss Asha Sharma,
holding brief of Sri Prkash Sharma, learned counsel for the first
informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 223 of 2026, under Sections 137(2),
64(1) BNS and Section 3/4 of POCSO Act, Police Station Ramkola,
District Kushinagar, during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that
she was in love with the applicant and the applicant established physical
relationship with her on her consent and she is pregnant. It is further
submitted that the age of the victim has been found to be 18 years as per
her radio-logical examination and 16 years and 10 months as per her
certificate of High School. It is also submitted that the applicant has been
languishing in jail since 23.5.2026 and he is having no criminal history. It
is lastly submitted that in case the applicant is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail but could not dispute the
aforesaid facts, however, it is submitted that the victim is residing with
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2
the family of the applicant.
5. As per the allegation in the FIR, the applicant is said to have enticed
away the daughter of the first informant aged about 16 years, however,
the victim has been recovered and the victim in her statement recorded
under Sections 180 and 183 BNSS has stated that she was in love with the
applicant and the applicant established physical relationship with her on
her consent and she is pregnant. The age of the victim has been found to
be 18 years as per her radio-logical examination and 16 years and 10
months as per her certificate of High School. It is submitted that the
victim is residing with the family of the applicant. The applicant has been
languishing in jail since 23.5.2026 and he is having no criminal history.
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- Vinay Kharwar 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
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
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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
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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