Allahabad High Court
JITENDRA VISHWKARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Jitendra Vishwkarma in a criminal case under Sections 64 and 137(2) of the B.N.S. and Sections 3 and 4 of the POCSO Act. The applicant claimed false implication, asserted that the alleged victim, aged 17 years and six months, had left home voluntarily and entered a matrimonial alliance by mutual consent, and highlighted the lack of medical age verification. The State opposed bail, emphasizing the seriousness of the offence. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v U.P.) and concerns of jail overcrowding, the court, without expressing a view on the merits, granted bail with standard conditions. The order directed verification of identities, issuance of a personal bond, and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted in a POCSO‑related offence where the alleged victim is a minor but claims consensual relationship.
- Whether the absence of medical age verification and lack of incriminating material justify bail.
- Whether Supreme Court guidelines and jail overcrowding warrant the grant of bail despite the nature of the offence.
Legislation cited
Subjects
- bail
- POCSO Act
- age of consent
- jail overcrowding
- Supreme Court guidelines
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31629 of 2026
Jitendra Vishwkarma
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rajeev Kumar Sharma, learned counsel for the applicant
and Shri Ashish Kumar Tripathi, learned A.G.A. for the State and perused
the record. At the very outset, learned AGA submits that the notice has
been served on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 16 of 2026, under Sections 64, 137(2)
of B.N.S. and Section 3/4 of POCSO Act, Police Station Rath, District
Hamirpur, during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that she
had left her home on her own free will and she had entered into matrimonial
alliance with the applicant by mutual consent. It is further submitted that the
age of the victim has been found to be 17 years and 6 months as per school
records, however, there is no certificate of high school or certificate of
school first attended. It is further submitted that the victim has refused to
undergo medico legal examination and no radio-logical examination has
been performed for her age determination. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 07.02.2026, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
BAIL No. 31629 of 2026
2
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
5. As per first information report, the applicant is said to have enticed
away the daughter of the first informant aged about 17 years, however,
the victim has been recovered and the victim in her statement recorded
under Sections 180 and 183 BNSS has stated that she had left her home on
her own free will and she had entered into matrimonial alliance with the
applicant by mutual consent. It is further submitted that the age of the victim
has been found to be 17 years and 6 months as per school records, however,
there is no certificate of high school or certificate of school first attended.
It is further submitted that the victim has refused to undergo medico legal
examination and no radio-logical examination has been performed for her
age determination. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
07.02.2026.
6. 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.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Jitedra Vishwkarma 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
BAIL No. 31629 of 2026
3
officer 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Hamirpur 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
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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