Allahabad High Court
PREM KUMAR VASUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Prem Kumar Vasu applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 137(2), 87, 64(1) of the same Act and Sections 3 and 4 of the POCSO Act. The prosecution alleged that he had enticed a 17‑year‑old girl away from her home, while the defence argued that the victim voluntarily left home and married the applicant, and that her age had not been medically verified. The court noted the applicant’s clean criminal record, the lack of a medico‑legal examination, and the broader concerns of jail overcrowding and case pendency. Relying on the Supreme Court’s guidelines in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., the judge held that bail was appropriate without commenting on the merits. Consequently, the applicant was released on bail subject to a personal bond, sureties, and specific conditions.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged POCSO offences.
- Whether the alleged consent of the minor and the absence of a medical age verification affect the bail decision.
- Whether the applicant’s lack of prior criminal history and the state of jail overcrowding justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 483, 64(1), 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- POCSO
- minor consent
- age verification
- overcrowded prisons
- criminal procedure
- Section 483 BNS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31626 of 2026
Prem Kumar Vasu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Naresh Chandra Pal, Ramanuj Singh
Counsel for Opposite Party(s) : G.A., Utkarshni Singh
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised.
2. Heard Sri Naresh Chandra Pal, learned counsel for the applicant, Sri B.P.
Singh, learned AGA for the State-respondents, Ms. Utkarshini Singh,
learned counsel for opposite party no.3 and perused the record.
3. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 166 of 2026 under Sections 137(2),
87, 64(1) BNS, 3/4 POCSO Act registered at Police Station Govind Nagar,
District Kanpur Nagrar during pendency of the trial.
4. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.
5. It is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and the victim in her statement
recorded under Sections 180 and 183 BNSS has stated that she had left her
home on her free will and had entered into matrimonial alliance with the
applicant with her free consent. It is further submitted that age of the victim
has been found to be 17 years 4 months as per school records of Class Xth,
however, there is no High School certificate or the certificate of school first
attended and no radio-logical examination has been conducted for her age
determination. It is further submitted that victim has refused to undergo
medico-legal examination. It is also submitted that applicant, who has no
BAIL No. 31626 of 2026
2
criminal history, has been languishing in jail since 24.5.2026. It is lastly
submitted that in case applicant is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.
6. On the other hand, learned A.G.A. as well as learned counsel for opposite
party no.3 opposed the prayer for grant of bail to the applicant.
7. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 17 years, however, she has been recovered. The
victim in her statement recorded under Sections 180 and 183 BNSS has
stated that she had left her home on her free will and had entered into
matrimonial alliance with the applicant with her free consent. The victim is
aged about 17 years 4 months as per school records of Class Xth, however,
there is no High School certificate or the certificate of school first attended
and no radio-logical examination has been conducted for her age
determination. The victim has refused to undergo medico-legal examination.
Applicant, who has no criminal history, has been languishing in jail since
24.5.2026.
8. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of the accused and taking into account overcrowded
jails and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
OnLine SC 3038 as well as guideline of this Court in the case of Maya
Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
9. Let the applicant Prem Kumar Vasu involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two sureties
each in the like amount, to the satisfaction of the court concerned, with the
following conditions:-
(i) The applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer
BAIL No. 31626 of 2026
3
or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the bond
executed by him.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted. Verification
of mobile number and Aadhaar card of the applicant as well as sureties
should be verified by the court concerned.
12. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24 hours
in compliance of the order of the Apex Court in the case of Policy Strategy
for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021
decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 30, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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