Allahabad High Court
AMAN DHAIKARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Aman Dhaikar, who was arrested in connection with offences under Sections 137(2), 87, 65(1) of the B.N.S.S. and Sections 3 and 4 of the POCSO Act. The applicant claimed innocence, stating that the alleged victim was a consenting adult who had travelled with him and lived as his wife, and that there was no conclusive proof of her being a minor despite a school certificate indicating a birth date of 10‑07‑2010. The State and the informant opposed bail, but the court noted the victim’s statement under Section 183 B.N.S.S. indicating consent and the applicant’s clean record. Without passing on the merits, the court found a prima facie case for bail and ordered release on personal bond and sureties, subject to standard conditions. The bail order was made with a warning that any breach would lead to cancellation.
Issues considered
- Whether bail can be granted in a case involving alleged offences under the POCSO Act when the victim's age and consent are in dispute.
- Whether the alleged consent of the victim, who may be a minor, affects the bail considerations.
- Whether the applicant's lack of prior criminal history and willingness to cooperate suffice for bail.
Legislation cited
Subjects
- bail
- POCSO
- minor
- consent
- criminal procedure
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31419 of 2025
Aman Dhaikar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Kant Verma, Vinod Kumar Yadav
Counsel for Opposite Party(s) : G.A., Mohd. Shahanshah Khan
Court No. - 65
(Sr. No.156 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri
Mohd. Shahanshah Khan, learned counsel for the informant as well as Sri
R.P. Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.56 of 2025, under Sections 137(2),
87, 65(1) BNS and 3/4 POCSO Act, Police Station Lalganj, District
Mirzapur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party, as she travelled with the applicant all the way to
Mumbai and stayed with him as his wedded wife. The victim, by her looks,
seems to be major, although her date of birth, as per the school leaving
certificate, is 10.7.2010, but there is no valid document to suggest that victim
was less than 18 years old. The applicant has no criminal history and is in
jail since 17.4.2025. He undertakes to cooperate with the trial and not misuse
the liberty of bail.
5. Learned counsel for the informant and learned State Law Officer have
vehemently opposed the bail application but could not dispute the
submissions made by the counsel for the applicant.
BAIL No. 31419 of 2025
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 183
B.N.S.S., which indicates her consent, and without expressing any opinion
on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Aman Dhaikar, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…