Allahabad High Court
AJAY ALIAS CHHOTUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that, on a prima facie basis, the applicant had made out a case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Ajay alias Chhotu, who was arrested in connection with a case (Crime No. 291 of 2024) involving offences under Sections 137(2), 61(2), 87 of the IPC, Section 65(1) of the B.N.S.S., and Sections 3 and 4(2) of the POCSO Act. The applicant claimed innocence, stating that the alleged victim was a consenting party and had married him, and that the case was a false implication. The State opposed bail but could not refute the applicant's submissions. The victim’s statement under Section 183 of the B.N.S.S. indicated no allegation against the applicant. On a prima facie basis, the Court found that the applicant had satisfied the criteria for bail and ordered his release on personal bond and sureties, subject to standard conditions. The bail order was made without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the IPC and POCSO Act where the alleged victim consents and has not lodged any complaint.
- Whether the applicant satisfies the criteria for bail under the relevant statutes.
Legislation cited
- B.N.S.S. — s. 65(1)
- Indian Penal Code — s. 137(2), 61(2), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4(2)
Subjects
- bail
- false implication
- POCSO
- IPC
- consent
- criminal procedure
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31509 of 2025
Ajay Alias Chhotu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Hridesh Bhartiya, Vishesh Kumar
Counsel for Opposite Party(s) : Alok Ranjan Tripathi, G.A.
Court No. - 65
(Sr. No.164 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 19.9.2025.
2. Heard Sri Vishesh Kumar, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record. Learned counsel for the informant is not present.
3. Applicant seeks bail in Case Crime No.291 of 2024, under Sections
137(2), 61(2), 87, 65(1) BNS and 3, 4(2) POCSO Act, Police Station
Chaubepur, District Kanpur Dehat, 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 far as the applicant is concerned. She has
stated that she had married the applicant as per the wishes of her mother. As
such, it is a clear cut case of false implication. The applicant has no criminal
history and is in jail since 22.9.2024. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
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
BAIL No. 31509 of 2025
2
B.N.S.S., whereby she has not levelled any allegation against the applicant,
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- Ajay Alias Chhotu, 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
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