Allahabad High Court
PRIYOMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant is entitled to bail and allowed the bail application.
Summary
The High Court of Allahabad considered a bail application filed by Priyom in Criminal Case No. 318 of 2025, which alleged offences under IPC sections 137(2) and 64(2)(1) and sections 3 and 4 of the POCSO Act. The applicant asserted that he was falsely implicated and that the victim’s statement under Section 183 BNSS showed she voluntarily stayed at a hotel with him and suffered no physical assault. Although the victim was marginally below the age of majority, the State opposed bail while the applicant highlighted his clean record and willingness to cooperate. After hearing counsel and examining the victim’s statement, the court held that prima facie there was no incriminating evidence against the applicant and that bail was appropriate. Accordingly, the court granted bail on a personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under IPC sections 137(2), 64(2)(1) and POCSO Act sections 3, 4 during the pendency of trial.
- Whether the victim’s statement under Section 183 BNSS, indicating no assault, negates the necessity for continued custody.
- Whether the applicant’s lack of prior criminal record and willingness to cooperate are sufficient grounds for bail despite the alleged offences involving a minor.
Legislation cited
- Indian Penal Code — s. 137(2), 64(2)(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- criminal procedure
- IPC
- POCSO Act
- victim statement
- minor
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31728 of 2025
Priyom
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohit Kumar Singh, Satya Narayan
Gupta, Sujata Choudhary, Yogendra
Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.171 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 12.9.2025.
2. Heard Ms. Sujata Choudhary, 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.318 of 2025, under Sections
137(2), 64(2)(1) BNS and 3/4 POCSO Act, Police Station Kithaur, District
Meerut, 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
allegations are per se false as far as the applicant is concerned. The victim in
her statement recorded U/s 183 BNSS has categorically stated that she had
left her house on her own and she stayed at a hotel in Bidisha with the
applicant, but she has categorically stated that she was not subjected to any
kind of physical assault by the applicant.
5. Learned counsel for the applicant has further argued that the victim by her
looks seems to be major, although she is stated to be marginally less than the
age of majority. The applicant has no criminal history and is in jail since
12.7.2025. He undertakes to cooperate with the trial and not misuse the
BAIL No. 31728 of 2025
2
liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
7. 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 U/s 183 BNSS, whereby
she has not levelled any allegation against the applicant, 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.
8. Let the applicant- Priyom, 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.
9. 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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