Created by Fuzzy Cloud

Allahabad High Court

TARUNversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court held that the applicant has made out a case for bail and therefore granted bail.

Summary

Tarun applied for bail in a criminal case (Crime No. 285 of 2025) involving alleged offences under the Indian Penal Code, the POCSO Act and the IT Act. The victim, PW‑1, testified during trial that she was not sexually assaulted, that no indecent photographs were posted, and that she was not threatened by the applicant. The applicant’s counsel argued that he is innocent, has no prior criminal record and has been in custody since 25‑July‑2025. The State opposed bail, but the court found the victim’s denial and the lack of evidence sufficient to consider the bail application prima facie valid. Consequently, the court granted bail on personal bond and sureties, subject to standard conditions, without prejudice to the trial on merits.

Issues considered

  • Whether bail should be granted to the accused despite charges under Sections 64(2)m, 351(2), 324(4) of the IPC, Sections 5L/6 of the POCSO Act and Section 67A of the IT Act.
  • Whether the victim’s denial of the alleged offences during trial affects the likelihood of conviction and justifies bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • POCSO Act
  • IT Act
  • victim testimony
  • presumption of innocence

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31513 of 2025

Tarun
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                        :   Abhinav Prasad
Counsel for Opposite Party(s)                   :   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 notice to the
informant has been served on 12.9.2025.

2. Certified copy of the statement of victim/PW-1 provided by learned
counsel for the applicant is taken on record.

3. Heard Sri Abhishek Kumar Srivastava, Advocate holding brief of Sri
Abhinav Prasad, learned counsel for the applicant, Sri Jai Kishan Chaurasia,
learned State Law Officer for the State and perused the material placed on
record.

4. Applicant seeks bail in Case Crime No.285 of 2025, under Sections
64(2)m, 351(2), 324(4) BNS, Section 5L/6 POCSO Act and Section 67A of
I.T. Act, Police Station Khurja Dehat, District Bulandshahr, during the
pendency of trial.

5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim has been examined during trial as PW-1, who has categorically
denied being subjected to sexual assault. She has also stated that the
applicant did not misuse his clout and did not post any indecent photograph
of her. She has also denied being threatened by the applicant rather has
stated that she used to run her mobile no.7983792694.

6. Learned counsel for the applicant has further argued that there is no
                                                                                                BAIL No. 31513 of 2025
                                                                     2


                                    likelihood of conviction of the applicant in the present, as such, the is
                                    entitled to bail. The applicant has no criminal history and is in jail since
                                    25.7.2025. He undertakes to cooperate with the trial and not misuse the
                                    liberty of bail.

                                    7. Learned State Law Officer has vehemently opposed the bail application
                                    but the submissions raised by the learned counsel for the applicant could not
                                    be disputed.

                                    8. Considering the facts and circumstances of the case, submissions made by
                                    learned counsel for the parties, the evidence on record, taking into
                                    consideration the fact that the PW-1/victim has denied the prosecution story
                                    during trial, 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.

                                    9. Let the applicant- Tarun, 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.

                                    10. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.