Allahabad High Court
GAURAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court of Allahabad considered a bail application filed by Gaurav, who was charged under sections 137(2) and 65(1) of the B.N.S., sections 3/4(2) of the POCSO Act and section 3(2)V of the S.C.S.T. Act for an alleged offence involving the alleged enticement of a minor. The applicant argued that the victim’s statements under sections 180 and 183 of the B.N.S. indicated she left her house voluntarily and was in a consensual relationship with the accused, and that the medical report showed no injuries, establishing false implication. The State opposed bail but did not dispute the factual matrix. Relying on the victim’s statements, the absence of prior criminal record, the filing of a charge sheet, and the Supreme Court’s recent pronouncements on bail, the court held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to standard conditions and verification procedures.
Issues considered
- The applicability of bail in offences under the B.N.S., POCSO Act and S.C.S.T. Act given the nature of the alleged crime.
- Whether the victim’s voluntary statement and lack of medical injuries justify granting bail.
- Whether the filing of a charge sheet eliminates the need for custodial interrogation for bail considerations.
- Impact of overcrowded prisons and Supreme Court bail jurisprudence on the decision.
Legislation cited
- B.N.S. — s. 137(2), 180, 183, 65(1)
- POCSO Act — s. 3/4(2)
- S.C./S.T. Act — s. 3(2)V
Subjects
- bail
- criminal procedure
- POCSO
- victim consent
- overcrowded prisons
- Supreme Court precedent
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34044 of 2026
Gaurav
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Deepak Kumar, learned counsel for the applicant, Sri
Ram Kumar Verma, learned A.G.A. for the State and perused the
record. However, no one appears on behalf of the first informant
despite service of notice.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 242 of 2026, U/s 137(2),
65(1) of B.N.S., Section 3/4 (2) of POCSO Act and Section 3(2)V of
S.C.S.T. Act, Police Station- Noorpur, District- Bijnor, during the
pendency of the trial.
3. Contention of learned counsel for the applicant is that though in the
FIR allegation has been made to entice away the daughter of first
informant but the victim in her statement recorded u/s 180 BNSS and
183 BNSS has stated that she herself left her house on her own and
she is in relationship with the applicant. Therefore, applicant has
been falsely implicated. It is further submitted that medical
examination of the victim does not show any mark of injury or sexual
assault, therefore, applicant is entitled to be released on bail. It is
further submitted that the applicant has no criminal history. It is
further submitted that charge sheet has been filed in the present
case, therefore, there is no requirement of custodial
interrogation. The applicant is languishing in jail since 03.08.2026. In
case, he is granted bail, he will not misuse the liberty of bail and
BAIL No. 34044 of 2026
2
would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
5. Considering the aforesaid submission and taking into account the
statement of victim recorded u/s 180 BNSS and 183 BNSS and
keeping in view the nature of offence, evidence, complicity of the
accused and taking into account overcrowded jails and heavy
pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the
case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this
Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024
SCC Online All 6765 regarding grant of bail and without expressing
any opinion on the merits of the case, I am of the opinion that the
applicant is entitled to be enlarged on bail. Accordingly, the present
application is allowed.
6. Let the applicant- Gaurav, involved in the aforementioned 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,
with the following conditions:-
i. The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to
any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
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3
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant
through Bijnor Jail Superintendent via e-mail or on e-prison portal
and Trial Court via e-mode within 24 hours in compliance of the order
of the Apex Court in the case of Policy Strategy for Grant of Bail, In
Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 23, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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