Allahabad High Court
KRISHNA PRASADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant.
Summary
Krishna Prasad, a 20‑year‑old with no prior record, was arrested on 06‑07‑2026 in connection with a case (Crime No. 200 of 2026) alleging offences under Sections 137(2), 87, 65(1) of the BNS Act and Sections 3 and 4 of the POCSO Act. The applicant claimed he was falsely implicated, arguing that the alleged victim, a 16‑year‑old, had given a statement under Section 183 of the BNSS indicating consent and appeared to be a major. The State opposed bail, but the court considered the nature of the offences, the severity of punishment, the period of detention already served, and the applicant’s clean background. Finding no compelling reason to keep the accused in custody, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in offences under the BNS Act and POCSO Act despite alleged consent and the victim's age
- Whether the period of detention already undergone justifies release on bail
Legislation cited
Subjects
- bail
- POCSO
- consent
- age of victim
- criminal procedure
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33264 of 2026
Krishna Prasad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice to
the informant has been served on 6.9.2026 but none is present on behalf of
the informant.
2. Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant and
Sri R.P. Patel, learned State Law Officer and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 200 of 2026, under Sections
137(2), 87, 65(1) of BNS and Sections 3/4 of POCSO Act, Police Station -
Nebua Naurangiya, District - Kushinagar, 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 is evident from her statement recorded
under Section 183 of BNSS. It is further contended that by physical
appearance, the victim appears to be a major, notwithstanding her stated age
of 16 years. Attention of the Court has been drawn to the fact that the
applicant is a 20-year-old youth with no prior criminal history. Given that
the applicant has been in judicial custody since 06.07.2026, it is prayed that
he be enlarged on bail.
5. Considering the facts and circumstances of the case, the submissions
advanced by the learned counsel for the parties, the nature of the offence, the
severity of the prescribed punishment, and also taking into account the
period of detention already undergone by the applicant, this Court, prima
BAIL No. 33264 of 2026
2
facie, finds it a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Krishna
Prasad, 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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