Allahabad High Court

SHIVAM RAJBHARversusSTATE OF U.P. AND 3 OTHERS

Decided: 22 April 2026
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 Shivam Rajbhar in a criminal case (Crime No. 227 of 2025) involving alleged offences under Sections 137(2), 65(1), 352 of the IPC and Sections 5 and 6 of the POCSO Act. The applicant claimed innocence, arguing that the alleged victim, a 17‑year‑old, had voluntarily gone to his house and that her consent was recorded in a statement under Section 183 of the B.N.S.S. The State opposed bail but could not refute the applicant’s submissions. After reviewing the material, the Court held that, on a prima‑facie basis, the applicant had made out a case for bail despite the serious nature of the charges. Accordingly, the Court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, with the usual warning that breach would lead to cancellation.

Issues considered

Whether bail can be granted in a case involving alleged offences under the IPC and the POCSO Act pending trial.
Whether the victim's statement indicating consent under Section 183 B.N.S.S. affects the bail eligibility.
Whether the alleged age of the victim and the purported falsification of her birth certificate impact the bail decision.
Whether the applicant's lack of prior criminal record and undertaking to cooperate are sufficient grounds for bail.

Legislation cited

Indian Penal Code — s. 137(2), 352, 65(1)
Protection of Children from Sexual Offences Act, 2012 — s. 5, 6

Subjects

bail
criminal procedure
consent
POCSO
minor
IPC
sureties
trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31601 of 2025

Shivam Rajbhar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Amit Kumar Yadav, Awadhesh Kumar,
Karunesh Pratap Singh
Counsel for Opposite Party(s) : G.A., Manoj Kumar Gupta

Court No. - 65
(Sr. No.167 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 2.9.2025.

2. Heard Sri Karunesh Pratap Singh, 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.227 of 2025, under Sections
137(2), 65(1), 352 BNS and 5L/6 POCSO Act, Police Station Gorakhnath,
District Gorakhpur, 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 is but evident from her statement recorded
under Section 183 B.N.S.S., whereby she had gone with the applicant to his
house on her own. The victim, by her looks, seems to be major, although she
is stated to be 17 years old as per the birth certificate. The said document is
fudged. The applicant has no criminal history and is in jail since 19.7.2025.
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
BAIL No. 31601 of 2025
2

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- Shivam Rajbhar, 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

Continue reading with your account

Checking your session…