Allahabad High Court
ANSHULversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, finding that the applicant had made out a prima facie case for bail.
Summary
The High Court considered a bail application filed by Anshur, who was arrested in connection with a case under Sections 137(2), 87, 64 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. The applicant claimed innocence, stating that the alleged victim had consented to the relationship, as reflected in a statement recorded under Section 183 of the B.N.S.S. The State opposed bail but did not refute the applicant’s submissions. After reviewing the material, the court found that prima facie the applicant had established a case for bail, noting the victim’s alleged consent and the applicant’s clean record. Consequently, the court ordered his release on bail subject to a personal bond, sureties, and standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted in a POCSO case where the alleged victim claims consent and appears to be a major despite stating she is 15 years old.
- Whether the applicant’s lack of prior criminal history and claim of false implication justify bail.
- Whether the statement recorded under Section 183 B.N.S.S. indicating consent affects the bail decision.
Legislation cited
- B.N.S.S. — s. 183
- Indian Penal Code — s. 137(2), 64, 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- POCSO
- consent
- minor
- Indian Penal Code
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31788 of 2025
Anshul
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghuraj Singh, Rajnish Kumar
Srivastava, Siddharth Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.172 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 29.9.2025.
2. Heard Sri Raghuraj Singh, learned counsel for the applicant, Sri Jai
Kishan Chaurasia, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.181 of 2025, under Sections
137(2), 87, 64 BNS and 3/4 POCSO Act, Police Station Bidhuna, District
Auraiya, 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 all the way to Punjab and
had married him in a temple. The victim, by her looks, seems to be major,
although she is stated to be 15 years old as per her own statement. The
applicant has no criminal history and is in jail since 28.5.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer 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. 31788 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- Anshul, 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
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