Allahabad High Court
SOHILversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, given the victim’s statement indicating consent and the applicant’s clean record, bail could be granted subject to standard conditions.
Summary
The High Court considered a bail application filed by Sohil, who is charged under IPC sections 137(2), 87, 352, 64 and sections 3 and 4 of the POCSO Act. The applicant claimed innocence, stating the alleged victim, a 17‑year‑old, had given a consensual statement under Section 183 of the B.N.S.S. and appeared to be a major. The State opposed bail but could not refute the applicant’s submissions or the victim’s statement. The court, noting the lack of a criminal record and the victim’s alleged consent, found that the applicant had made out a case for bail. Accordingly, bail was granted on personal bond and two sureties, with conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court.
Issues considered
- Whether bail should be granted to the accused under the pending charges of IPC sections 137(2), 87, 352, 64 and POCSO Act sections 3 and 4.
Legislation cited
- B.N.S.S. — s. 183
- Indian Penal Code — s. 137(2), 352, 64, 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- criminal procedure
- consent
- POCSO
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33291 of 2026
Sohil
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar
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 A.G.A., notice to the
informant has been served.
2. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant as
well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 215 of 2026, under Sections
137(2), 87, 352, 64 BNS and 3/4 POCSO Act, Police Station Sirsaganj,
District Firozabad, 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
under Section 183 B.N.S.S. The victim, by her physical appearance, seems
to be major although she has stated herself to be 17 years old.
5. Learned counsel for the applicant has further stated that there is no
criminal history of the applicant. The applicant is languishing in jail since
17.5.2026 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
BAIL No. 33291 of 2026
2
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 statement of the victim recorded u/s 183 BNSS, whereby
she seems to be consenting party; and without expressing any opinion on the
merits of the case, 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- Sohil, who is involved in aforementioned case 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 subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 18, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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