Allahabad High Court
YOGESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the accused on a prima facie basis.
Summary
The High Court of Allahabad considered a bail application filed by Yogesh, accused in Crime No. 55 of 2026 under Sections 137(2), 87, 64(1) of the Criminal Procedure Code and Sections 3 and 4 of the POCSO Act. The applicant’s counsel argued that the alleged victim, though 17 years old, appeared to be a major and had not corroborated any allegation of sexual assault, as reflected in her statement recorded under Section 183 of the Evidence Act. The court examined the material on record, including the victim’s statement and the nature of the allegations, and found that the applicant had made out a case for bail on a prima facie basis. Consequently, the court ordered the release of Yogesh on bail, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail may be cancelled if any condition is breached, without affecting the trial on merits.
Issues considered
- Whether bail should be granted to the accused Yogesh under the applicable provisions of the Criminal Procedure Code and the POCSO Act, considering the alleged nature of the offence and the age of the victim.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 64(1), 87
- POCSO Act — s. 3, 4
Subjects
- bail
- POCSO
- sexual assault
- minor victim
- Criminal Procedure Code
- preliminary hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33306 of 2026
Yogesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Narayan Yadav, Souly Yadav
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 11.9.2026.
2. Heard Sri Sanjay Mishra, learned Advocate holding brief for Sri Satya
Narayan Yadav, learned counsel for the applicant, Sri R.P. Singh, learned
State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 55 of 2026, under Sections
137(2), 87, 64(1) BNS and 3/4 POCSO Act, Police Station Pachokhara,
District Firozabad, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the applicant that the victim by her looks seems to be
major although she is stated to be 17 years old, the evidence on record,
taking into consideration the statement of the victim recorded u/s 183 BNSS,
whereby she stayed in a temple with the applicant and has not allayed any
allegations of sexual assault against him 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- Yogesh, 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
BAIL No. 33306 of 2026
2
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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