Allahabad High Court
VINOD KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Vinod Kumar, who is charged under Sections 137(2), 87, 65A of the BNS and Sections 5J(ii)/6 of the POCSO Act for allegedly enticing a minor girl into a matrimonial alliance. The applicant contended that the victim, now aged 16, voluntarily left home and consented to the relationship, and argued that no proper age verification was conducted, asserting false implication and highlighting his clean criminal record and prolonged pre‑trial detention since 8 July 2026. The State opposed bail, emphasizing the seriousness of the alleged offence involving a minor. The Court, while noting the lack of conclusive age evidence, the applicant's lack of prior convictions, and the prevailing overcrowding of jails, relied on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Suo Motu bail policy) to conclude that bail should be granted. Accordingly, the Court ordered the release of Vinod Kumar on bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence or further offences.
Issues considered
- Whether the accused Vinod Kumar is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the nature of the alleged offences under the POCSO Act.
- Whether the lack of proper age verification of the alleged minor victim affects the bail determination.
- Whether the applicant's clean criminal record and the issue of jail overcrowding justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Evidence Act (referred as BNSS) — s. 180, 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 5J(ii), 6
Subjects
- bail
- POCSO Act
- child marriage
- age verification
- overcrowded prisons
- Supreme Court precedent
- Section 483 BNS
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31702 of 2026
Vinod Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Manish Kumar Singh, learned counsel for the applicant who has
filed supplementary affidavit today which is taken on record, Sri Uma
Shankar Mishra, learned AGA for the State-respondents and perused the
record.
2. 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. 16 of 2025 under Sections 137(2),
87, 65A BNS, 5J(ii)/6 POCSO Act registered at Police Station Kachhawan,
District Mirzapur during pendency of the trial.
3. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.
4. 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 own free will and had entered into matrimonial alliance with
the applicant with her free consent and she has given birth to a child. It is
further submitted that age of the victim has been found to be 16 years as per
school records of Class VIIIth, 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 also submitted that
applicant, who has no criminal history, has been languishing in jail since
08.7.2026. It is lastly submitted that in case applicant is granted bail, he will
BAIL No. 31702 of 2026
2
not misuse the liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant.
6. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 14 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 own free will and had entered into
matrimonial alliance with the applicant with her free consent and she has
given birth to a child. The victim has been found to be aged about 16 years
as per school records of Class VIIIth, 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. Applicant, who
has no criminal history, has been languishing in jail since 08.7.2026.
7. 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.
8. Let the applicant Vinod Kumar 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
or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely without
BAIL No. 31702 of 2026
3
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
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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