Allahabad High Court
DEEPAKversusSTATE 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 conditions.
Summary
The High Court of Allahabad considered a bail application filed by Deepak, who was arrested in connection with a case under Sections 376 and 506 of the IPC and Sections 3 and 4(2) of the POCSO Act. The applicant claimed innocence, asserting that the alleged victim, who stated she was 17 but appeared to be a major, was a consenting party in a three‑year relationship. The victim’s statement under Section 183 of the BNSS was highlighted, indicating consent, and the applicant had no prior criminal record. The State opposed bail but could not refute the applicant’s submissions. After evaluating the facts, the court concluded that the applicant had made out a case for bail and ordered his release on personal bond and sureties, subject to standard conditions.
Issues considered
- Whether bail can be granted in a case involving alleged rape, criminal intimidation and POCSO offences when the alleged victim claims to be a consenting party.
- Whether the applicant's claim of innocence, lack of prior criminal history, and the victim's statement under Section 183 affect the bail decision.
Legislation cited
- Indian Penal Code — s. 376, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4(2)
Subjects
- bail
- rape
- POCSO
- consent
- criminal intimidation
- high court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33300 of 2026
Deepak
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Belal
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 on 8.9.2026.
2. Heard Sri Mohammad Belal, learned counsel for the applicant as well as
Sri D.K. Singh, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 300 of 2026, under Sections 376,
506 IPC and 3/4(2) POCSO Act, Police Station Hapur Dehat, District Hapur,
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 has stated that she was in relationship
with the applicant for three years but her objection was that applicant was
having relationship with three other girls, otherwise, she was the consenting
party. The victim, by her physical appearance, seems to be major although
she has stated herself to be 17 years. The applicant himself is 22 years old
youth. The matter of consensual relationship has been converted to criminal
case by the informant.
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
17.7.2026 and he is ready to cooperate with trial. In case, the applicant is
BAIL No. 33300 of 2026
2
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.
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- Deepak, 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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