Allahabad High Court
ASHISH TIWARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Prima facie the applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Ashish Tiwari, who was arrested in connection with a case under Sections 137(2), 61(2), 87, 64(1) of the Indian Penal Code and Sections 5 and 6 of the POCSO Act. The applicant claimed he was falsely implicated and that the alleged victim, a 16‑year‑old girl, had consented to the relationship, even marrying him. The State opposed bail but did not dispute the applicant’s submissions. Relying on the victim’s statement recorded under Section 183 of the B.N.S.S., the court found a prima facie case for bail and ordered his release on personal bond and sureties, subject to standard conditions. The order emphasized that the bail grant does not affect the trial on merits and that any breach would lead to cancellation.
Issues considered
- Whether bail can be granted in a POCSO case where the alleged victim, a minor, claims consent.
- Whether the victim’s statement under Section 183 B.N.S.S. creates a prima facie case for bail.
- Whether the applicant’s lack of prior criminal record and willingness to cooperate justify bail.
Legislation cited
- Indian Penal Code — s. 137(2), 61(2), 64(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5, 6
Subjects
- bail
- POCSO
- minor
- consent
- criminal procedure
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31556 of 2025
Ashish Tiwari
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Deo Shukla, Vivek Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.166 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 18.9.2025.
2. Heard Sri Vivek Shukla, learned counsel for the applicant, Sri Ram Mohit
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.48 of 2025, under Sections 137(2),
61(2), 87, 64(1) BNS and 5L/6 POCSO Act, Police Station Kandawa,
District Chandauli, 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 had gone with the applicant all the way
from Chandauli to Varanasi on her own, and thereupon, called the applicant
on phone, who reached there and had taken her to Jaunpur, and thereupon, to
Sultanpur and they both married with each other in a temple. After marrying
each other, they are stated to have left for Nagpur. The victim, by her looks,
seems to be major, although she is stated to be 16 years old as per her own
statement. The applicant has no criminal history and is in jail since
12.6.2025. 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
BAIL No. 31556 of 2025
2
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
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- Ashish Tiwari, 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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