Allahabad High Court
TARUNversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
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
- Indian Penal Code — s. 324(4), 351(2), 64(2)m
- Information Technology Act — s. 67A
- Protection of Children from Sexual Offences (POCSO) Act — s. 5L, 6
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
Checking your session…