Allahabad High Court
VIKKIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that bail should be granted to the applicant.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the accused Vikki, who is charged with offences under Sections 137(2) and 65(1) of the same Act and provisions of the POCSO Act. The victim, a minor aged 15 years and 5 months according to a class‑VIII certificate, alleged that she left with the accused and later married him, but her statements varied in age and she refused a medico‑legal examination despite being six months pregnant. The applicant argued that he was falsely implicated, has no criminal history, and highlighted the lack of proper age verification. The State opposed bail, stressing the minor status of the victim and the seriousness of the alleged offences. After reviewing the record, the court found the case fit for bail and ordered the applicant’s release on a personal bond with strict conditions, expressly limiting the order to the bail application and not prejudicing the trial.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences against a minor under the BNS Act and the POCSO Act.
- Whether the circumstances – including the victim’s minor status, pregnancy, and refusal of medico‑legal examination – warrant denial of bail on grounds of flight risk or witness tampering.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 180, 183, 483, 65(1)
- Protection of Children from Sexual Offences Act — s. 5(J)II, 6
Subjects
- bail
- minor
- POCSO
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- age dispute
- pregnancy
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31134 of 2026
Vikki
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Aftab Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Aftab Alam, learned counsel for the applicant, Sri Uma Shankar
Mishra, 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. 1171 of 2026 under Sections
137(2), 65(1) BNS, 5(J)II/6 POCSO Act registered at Police Station Kotwali
Lalitpur, District Lalitpur 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 called the
applicant and left along with him and gone to Maharashtra where she
entered into matrimonial alliance with him on her own free will. It is further
submitted that age of the victim has been found to be 15 years and 5 months
on the alleged date of occurrence 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 the victim has refused to undergo medico-legal
examination and she has been found pregnant of six months. It is further
submitted that applicant, who has no criminal history, has been languishing
in jail since 09.7.2026 and he undertakes that he will not misuse the liberty,
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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 and
5 months as per certificate of class VIIIth.
6. As per the FIR, applicant and co-accused are said to have enticed away
the daughter of the first informant, however, she has been recovered. The
victim has stated in her statements recorded under sections 180 and 183
BNSS that she called the applicant and left along with him and gone to
Maharashtra where she entered into matrimonial alliance with him in a
temple on her own free will. The victim has stated herself to be of 16 years
in her statement under section 180 BNSS and 18 years in her statement
under section 183 BNSS. However, her age has been found to be 15 years
and 5 months 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. The victim
has refused to undergo medico-legal examination and she has been found
pregnant by six months. Applicant, who has no criminal history, has been
languishing in jail since 09.7.2026.
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 Vikki involved in the aforesaid case crime be released
on bail on his furnishing a personal bond of Rs. 50,000/- 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
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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 18, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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