Allahabad High Court
MASTRAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a finding of apparent consent and applying the two‑year margin of error in age estimation, the applicant is entitled to bail.
Summary
Mastram was arrested in a case under Sections 137(2), 87, 65(1) and 351(3) of the BNS Act and Sections 5(L) and 6 of the POCSO Act. The applicant claimed he was falsely implicated, arguing that the alleged victim, though stated to be 16, appeared to be a major and that an ossification test placed her age between 15 and 16, invoking the Supreme Court’s two‑year margin of error to raise reasonable doubt. The victim’s statement under Section 183 BNSS suggested consent, and the applicant had no prior criminal record but had already been in custody since 9 June 2026. The court considered the nature of the offence, the severity of punishment, the consent claim, and the time already spent in custody. Finding that the circumstances justified bail, the court ordered the applicant’s release on personal bond and sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted in offences under the BNS Act and POCSO Act where the victim’s consent is alleged.
- Whether the victim’s age, as determined by ossification test and the two‑year margin of error, affects the bail decision.
- Whether the applicant’s lack of prior criminal history and period of pre‑trial detention justify bail.
Legislation cited
Subjects
- bail
- consent
- age of victim
- POCSO
- BNS
- margin of error
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33254 of 2026
Mastram
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Prakash Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 07.09.2026 but none is present on behalf of the
informant.
2. Heard Sri Jagdish Prasad Yadav, Advocate holding brief of Sri Ravindra
Prakash Srivastava, learned counsel for the applicant and Sri V.K.S. Parmar,
learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 150 of 2026, under Sections
137(2), 87, 65(1) & 351(3) of BNS and Sections 5(L)/6 of POCSO Act,
Police Station - Munderwa, District - Basti, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present matter. It is submitted that the victim
appears to be a consenting party, as she voluntarily accompanied the
applicant to several places, including the railway station. By physical
appearance, the victim appears to be major, notwithstanding her stated age
of 16 years. Attention of the Court has been drawn to the ossification test
report, according to which the victim's age is estimated to be between 15 and
16 years. In this regard, it is urged that in light of the settled law laid down
by Supreme Court, a margin of error of two years on the higher side ought to
be applied, thereby giving the benefit of doubt to the applicant. It is further
submitted that the applicant has no criminal history and has been in judicial
custody since 09.06.2026.
5. Considering the facts and circumstances of the case, submissions made by
BAIL No. 33254 of 2026
2
learned counsel for the parties, nature of offence, severity of punishment and
also considering the statement of the victim recorded u/s 183 BNSS which
indicates towards her consent coupled with the period of detention already
undergone by the applicant, this Court prima facie finds it a fit case to
release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Mastram,
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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 18, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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