Allahabad High Court
JAKIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Jaki, who was arrested in a case registered under Sections 137(2) and 64(1) of the B.N.S.S. and Sections 3 and 4 of the POCSO Act. The applicant claimed innocence, arguing that the alleged victim, a 17‑year‑old, was a consenting party as per her statement recorded under Section 183 of the B.N.S.S. The State opposed bail but could not refute the applicant’s submissions. After reviewing the material and the victim’s statement, the Court found that the applicant had made out a case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 137(2), 64(1) of the B.N.S.S. and Sections 3 and 4 of the POCSO Act, considering the alleged consent of the victim and the applicant’s claim of innocence.
Legislation cited
Subjects
- bail
- POCSO Act
- consent
- criminal procedure
- Section 137
- Section 64
- Section 3
- Section 4
- Section 183
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33293 of 2026
Jaki
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : A.Z. Khan
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 10.9.2026.
2. Heard Sri A.Z. Khan, learned counsel for the applicant as well as Sri R.P.
Patel, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 291 of 2026, under Sections
137(2), 64(1) BNS and 3/4 POCSO Act, Police Station Chilkana, District
Saharanpur, 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 evident from her statement recorded under
Section 183 B.N.S.S., whereby she had travelled with the applicant to
several places by different modes of transportation and stayed with him at
Haryana and Maharashtra. The victim, by her physical appearance, seems to
be major although she is stated to be 17 years old. The applicant himself is
27 years old youth.
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
20.8.2026 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 State Law Officer has vehemently opposed the bail application
BAIL No. 33293 of 2026
2
but could not dispute the submissions made by the counsel for the applicant.
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- Jaki, 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
Checking your session…