Allahabad High Court
ANKUR CHAUHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant, finding that he had made out a case for bail.
Summary
The High Court considered a bail application filed by Ankur Chauhan, who was arrested in connection with a case under Sections 137(2), 87, 65(1) of the B.N.S.S. and Sections 3 and 4 of the POCSO Act. The applicant claimed innocence, stating that the alleged victim, who appeared to be a major, had voluntarily married him and that the relationship was consensual. The State and the informant opposed bail on the ground that the girl was a minor. After hearing both sides and reviewing the victim's statement recorded under Section 183 of the B.N.S.S., the Court found that the applicant had made out a case for bail. Consequently, the Court ordered his release on bail subject to a personal bond, sureties, and conditions not to tamper with evidence or intimidate witnesses. The order clarified that the bail decision would not prejudice the trial judge's independent assessment of the case.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the B.N.S.S. and POCSO Act where the victim is claimed to be a minor but alleges consent.
Legislation cited
Subjects
- bail
- minor
- consent
- POCSO Act
- Criminal Procedure
- Section 183 B.N.S.S.
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33316 of 2026
Ankur Chauhan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Monu Upadhyay
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 10.9.2026.
2. Heard Sri Monu Upadhyay, learned counsel for the applicant, Sri R.K.
Upadhyay, 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. 301 of 2026, under Sections
137(2), 87, 65(1) BNS and 3/4 POCSO Act, Police Station Kotwali
Padrauna, District Kushinagar, 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., whereby she has stated that she was in love with
the applicant for one year and she had gone with him to Gorakhpur and
thereupon to Hyderabad and married him. The victim, by her physical
appearance, seems to be major although she has stated herself to be 15 years
old. The applicant himself is 18 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
29.6.2026 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
BAIL No. 33316 of 2026
2
6. Learned A.G.A. and learned counsel for the informant have vehemently
opposed the bail application on the ground that the girl was minor.
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- Ankur Chauhan, 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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