Allahabad High Court
SHAILENDRA RAJPUTversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
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, for Shailendra Rajput, who was charged under IPC Section 137(2), BNS Section 64(1), and Sections 3 and 4 of the POCSO Act. The applicant claimed he was falsely implicated, asserting that the 16‑year‑old victim voluntarily left home, married him, and refused a medical examination, with a negative pregnancy test. The State opposed bail, citing the seriousness of the offence involving a minor. The Court, noting the applicant’s clean record, the victim’s statements, jail overcrowding, and Supreme Court precedents (Kapil Wadhawan and Maya Tiwari), granted bail with a personal bond, sureties, and strict conditions. The order also directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused under Section 483 BNS given the nature of the alleged offences involving a minor
- Whether the accused poses a risk of tampering with evidence or committing further offences
- Whether the victim's voluntary statements and lack of medical evidence justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483, 64(1)
- Indian Penal Code — s. 137(2)
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- POCSO
- minor
- false implication
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32031 of 2026
Shailendra Rajput
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anubhav Sinha
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Anubhav Sinha, learned counsel for the applicant, 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. 08 of 2026 under Sections 137(2),
64(1) BNS, 3/4 POCSO Act registered at Police Station Phase-I, District
Gautam Budh Nagar 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 was aged about 16 years
and 2 months on the alleged date of occurrence as per her certificate of High
School. It is further submitted that the victim has stated in her statements
recorded under Sections 180 and 183 BNSS that she had left her home on
her free will and had gone to Gurgaon along with the applicant where she
entered into matrimonial alliance with him with her free consent. It is further
submitted that victim has refused to undergo medico-legal examination and
her urine pregnancy test has been found to be negative. It is also submitted
that applicant, who has no criminal history, has been languishing in jail since
15.7.2026. 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.
BAIL No. 32031 of 2026
2
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant.
6. As per the FIR which has been lodged against unknown, daughter of the
first informant aged about 17 years had gone missing. However, the victim
has been recovered after seven months and she has stated in her statements
recorded under Sections 180 and 183 BNSS that she had left her home on
her free will and had gone to Gurgaon along with the applicant where she
entered into matrimonial alliance with him with her free consent. The victim
was aged about 16 years 2 months on the alleged date of occurrence as per
certificate of High School and she has refused to undergo medico-legal
examination and her urine pregnancy test has been found to be negative.
Applicant, who has no criminal history, has been languishing in jail since
15.7.2026.
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 Shailendra Rajput 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
seeking any adjournment.
BAIL No. 32031 of 2026
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(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.)
October 1, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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