Allahabad High Court
TAHA PARVEZ @ TAHAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant on a prima facie basis.
Summary
The applicant, Taha Parvez, sought bail in a criminal case (Crime No. 122 of 2026) involving offences under Sections 137(2), 87, 64(1) of the Criminal Procedure Code and Sections 3 and 4 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNS indicated that she had travelled with the applicant voluntarily and did not raise any alarm, suggesting consent. Both parties presented arguments, and the court examined the evidence and the victim’s statement. Without expressing a view on the merits, the court found that the applicant had made out a case for bail on a prima facie basis. 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 CrPC sections 137(2), 87, 64(1) and POCSO Act sections 3 and 4, considering the victim’s statement indicating consent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 64(1), 87
- POCSO Act — s. 3, 4
Subjects
- bail
- POCSO Act
- victim consent
- Criminal Procedure Code
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33299 of 2026
Taha Parvez @ Taha
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Noor Muhammad, learned counsel for the applicant, Sri
Vishwas Kumar, learned counsel for the informant as well as Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 122 of 2026, under Sections
137(2), 87, 64(1) BNS and 3/4 POCSO Act, Police Station Fariha, District
Firozabad, during the pendency of trial.
4. 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, as she had travelled with the applicant and
did not raise any alarm during the said sojourn, and without expressing any
opinion on the merits of the case, prima facie, the Court is of the view that
the applicant has made out a case for bail. Accordingly, the bail application
is allowed.
5. Let the applicant- Taha Parvez @ Taha, 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
BAIL No. 33299 of 2026
2
not tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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