Allahabad High Court

VISHALversusSTATE OF U.P. AND 3 OTHERS

Decided: 10 September 2026
Bench: KRISHAN PAHAL

Holding

The court held that bail should be granted to the applicant on a prima facie basis.

Summary

Vishal applied for bail in a criminal case (Crime No. 725 of 2025) involving charges under Sections 137(2) and 61(1) of the B.N.S. Act and Section 4(2) of the POCSO Act. The applicant claimed innocence, asserting that the alleged victim, a 17‑year‑old, was a consenting party who voluntarily married him, and argued that the ossification test used to determine her age could have a margin of error of up to two years. The informant’s counsel and the State opposed bail, but the court found the applicant’s arguments credible on a prima facie basis. Relying on the victim’s statement under Section 183 B.N.S. and the lack of a criminal record, the court concluded that bail was appropriate. Consequently, the court granted bail subject to a personal bond, two sureties, and standard conditions such as non‑tampering with evidence and regular appearance before the trial court.

Issues considered

Whether bail should be granted in a case involving alleged offences under the B.N.S. Act and the POCSO Act.
Whether the alleged victim’s consent, as recorded under Section 183 B.N.S., negates the seriousness of the charges.
Whether the age of the alleged victim, determined by ossification test, can be contested to affect bail eligibility.

Legislation cited

B.N.S. Act — s. 137(2), 183, 61(1)
POCSO Act — s. 4(2)

Subjects

bail
consent
age of victim
POCSO Act
B.N.S. Act
Section 183
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32318 of 2026

Vishal
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Krishna Kumar Pandey, Manish Kumar
Pandey
Counsel for Opposite Party(s) : G.A., Mohd Aadil Siddiqui

Court No. - 68
(Sr. No.13 out of 76)

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 2.9.2026.

2. Heard Sri Krishna Kumar Pandey, learned counsel for the applicant, Sri
Mohd. Aadil Siddiqui, learned counsel for the informant as well as Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.

3. Applicant seeks bail in Case Crime No.725 of 2025, under Sections
137(2), 61(1) BNS and Section 4(2) POCSO Act, Police Station Majhola,
District Moradabad, 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
U/s 183 BNSS, whereby she has stated that she was in love with the
applicant and she had gone with him out of her own sweet-will and had
married him in a temple.

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 17 years old as per the
ossification test report. In view of the inherent margin of error in such tests,
it is urged that a leverage of two years on the upper side may be granted to
the applicant while determining the age of the victim. The applicant has no
BAIL No. 32318 of 2026
2

criminal history and is in jail since 15.7.2026. He undertakes to cooperate
with the trial and not misuse the liberty of bail.

6. Learned counsel for the informant and learned A.G.A. have 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 fact that victims seems to be a consenting party as far as
her statement recorded U/s 183 BNSS is concerned, 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- Vishal, be released on bail in the aforementioned case
crime 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.)
September 11, 2026
Vikas Verma

Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad

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