Allahabad High Court
CHHEDI ALIAS SHIV SHANKAR SETHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application was rejected as it was found devoid of merit and no new ground justified release.
Summary
Chhedi alias Shiv Shankar Seth, charged under IPC sections 363, 366, 376-D and POCSO Act sections 5 and 6, has been in custody since July 2018. He filed a second bail application, alleging that the FIR was false because the victim was in love with him and the case was fabricated to obtain money, implicating his family. The court examined the new ground but found no fresh material to justify bail. Consequently, the bail application was held to be devoid of merit and was rejected. The court also directed that the pending trial be concluded expeditiously without unnecessary adjournments.
Issues considered
- Whether the alleged motive of a false FIR constitutes a sufficient ground for granting bail in a case involving serious offences under the IPC and POCSO Act
- Whether a second bail application can be entertained when the first bail plea was rejected and no new substantive evidence is presented
Legislation cited
- Indian Penal Code — s. 363, 366, 376-D
- Protection of Children from Sexual Offences Act — s. 5, 6
Subjects
- bail
- IPC
- POCSO Act
- false FIR
- second bail application
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33139 of 2026
Chhedi Alias Shiv Shankar Seth
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Hriday Narayan Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.1 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Hriday Narayan Pandey, learned counsel for applicant, Sri
Sanjeev Kumar, learned Additional Advocate General assisted by Sri Anit
Kumar Shukla, learned A.G.A. for the State.
3. This is the second bail application on behalf of the applicant. The first one
was rejected by this Court vide order dated 7.5.2026 passed in Criminal
Misc. Bail Application No.10785 of 2026.
4. The present bail application has been filed by the applicant in Case Crime
No.196 of 2018, under Sections 363, 366, 376-D I.P.C. and Section 5/6 of
POCSO Act, Police Station Lohta, District Varanasi with the prayer to
enlarge him on bail.
5. As a new ground, learned counsel for the applicant has stated that the
victim was in love with the applicant and was married off elsewhere, and
subsequently, in order to garner money, the instant FIR has been instituted
against him and the complete family members have been implicated in the
case. As such, the applicant, who is languishing in jail since 20.7.2018, is
entitled to bail. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
6. Per contra, learned Additional Advocate General has vehemently opposed
the bail application.
BAIL No. 33139 of 2026
2
7. Learned counsel for the applicant could not produce any new ground for
pressing the instant bail application, as such, I do not find it a fit case for
grant of bail to the applicant.
8. The instant bail application is found devoid of merits and is, accordingly,
rejected.
9. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously, in accordance with law, without granting
unnecessary adjournment to either party, if there is no legal impediment.
10. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
September 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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