Allahabad High Court
PRADUMAN PANDEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Praduman Pandey, who was arrested in a case under Sections 137(2), 87, 65(1) of the BNS Act and Sections 3 and 4 of the POCSO Act, alleging sexual intercourse with a minor aged 15 years 9 months. The applicant claimed false implication, citing the victim's statement that the relationship was consensual, a negative medico‑legal report, and the absence of any criminal record. The State opposed bail, emphasizing the victim's minority and the seriousness of the offence. Referring to Supreme Court precedents in Kapil Wadhawan v CBI (2025) and Maya Tiwari v State of U.P. (2024), as well as the policy on bail, the Court held that the applicant was entitled to bail, subject to strict conditions. Consequently, the bail application was allowed, and the applicant was ordered to be released on personal bond with two sureties.
Issues considered
- Whether bail can be granted in a case involving alleged rape of a minor under the POCSO Act
- Whether the victim's statement of consent and lack of medical evidence justify bail despite the statutory seriousness of the offence
- Whether the applicant's clean criminal record and the Supreme Court’s bail guidelines warrant release pending trial
Legislation cited
Subjects
- bail
- rape
- minor
- POCSO
- false implication
- judicial discretion
- overcrowded jails
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31082 of 2026
Praduman Pandey
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Mohan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Narendra Singh, holding brief of Sri Surendra Mohan
Mishra, learned counsel for the applicant and Sri Ashish Kumar Tripathi,
learned A.G.A. for the State and perused the record. Supplementary
affidavit filed today is taken on record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 194 of 2026, under Sections 137(2),
87, 65(1) of BNS and Section 3/4 of POCSO Act, Police Station Khajani,
District Gorakhpur, 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 in
her statement recorded under Sections 180 and 183 BNSS has stated that
she had left her home on her free will and she had entered into
matrimonial alliance with the applicant with her free consent and the
applicant established physical relationship with her on her consent. It is
further submitted that the age of the victim has been found to be 15 years
and 09 months as per her certificate of High School. It is further
submitted that the medico-legal report of the victim does not support the
commission of rape on her and her urine pregnancy test has been found
negative. It is also submitted that the applicant has been languishing in
jail since 18.6.2026 and he is having no criminal history. It is lastly
BAIL No. 31082 of 2026
2
submitted that in case the applicant is granted bail, he will not 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 the victim is a minor girl aged about 15
years and 09 months as per her certificate of High School.
6. As per the allegation in the FIR, the applicant is said to have enticed
away the daughter of the first informant and the victim is also said to have
taken away Rs. 70,000/- and some jewellery along with her, 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
free will and she had entered into matrimonial alliance with the applicant
with her free consent and the applicant established physical relationship
with her on her consent. The age of the victim has been found to be 15
years and 09 months as per her certificate of High School and the
medico-legal report of the victim does not support the commission of rape
on her and her urine pregnancy test has been found negative. The
applicant has been languishing in jail since 18.6.2026 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- Praduman Pandey 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,
BAIL No. 31082 of 2026
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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
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 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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