Allahabad High Court
GOLU ALIAS GAURAV TAMOLIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant had made out a case for bail and therefore granted bail.
Summary
The applicant, Golu alias Gaurav Tamoli, filed a bail application in a criminal case involving offences under Sections 137(2), 87, 61(2), 64, 351(2) of the Indian Penal Code, and Sections 3 and 4 of the POCSO Act. He claimed absolute innocence, asserting that the victim’s statement under Section 183 of the B.N.S.S. exonerated him and that he had been falsely implicated. The State opposed the bail but could not refute the applicant’s submissions. The court examined the victim’s statement, the lack of any allegation against the applicant, and his clean record, and concluded that a prima‑facie case for bail existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant is entitled to bail despite the serious charges including POCSO offences.
- Whether the victim’s statement under Section 183 B.N.S.S. negates the allegation against the applicant.
- Whether a prima‑facie case for bail exists in the present circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 351(2), 61(2), 64, 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- false implication
- POCSO
- criminal procedure
- prima facie
- sureties
- victim statement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31532 of 2025
Golu Alias Gaurav Tamoli
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.165 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 12.9.2025.
2. Heard Sri Brijesh Kumar Yadav, learned counsel for the applicant, Sri
Deepak Kumar Singh, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.87 of 2025, under Sections 137(2),
87, 61(2), 64, 351(2) BNS and 3/4 POCSO Act, Police Station Khair,
District Aligarh, 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 in her statement recorded under Section 183 B.N.S.S. has stated that
she was married off by her uncles (Chacha/Tau) and the applicant is not at
fault. As such, it is a clear cut case of false implication. The applicant has no
criminal history and is in jail since 7.6.2025. 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. 31532 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- Golu Alias Gaurav Tamoli, 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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