Allahabad High Court
KARAN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Karan Kumar in a criminal case (Crime No. 405 of 2026) involving alleged offences under Sections 137(2), 87, 64(1) of the CrPC and Sections 3 and 4 of the POCSO Act, 2012. The FIR alleged that the applicant had enticed the daughter of the first informant, but the victim’s statements under Sections 180 and 183 of the Evidence Act indicated that she left her home voluntarily, is in a relationship with, and has married the applicant. The applicant had no prior criminal record and had been in custody since 2 September 2026, while the State opposed bail without disputing the factual matrix. The Court, taking into account the nature of the offence, the evidence, the applicant’s clean record, jail overcrowding, and recent Supreme Court and High Court precedents on bail, decided to grant bail. The order imposed standard bail conditions and directed procedural steps for release. The application was consequently disposed of with bail granted.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the CrPC and POCSO Act despite the nature of the allegations.
- Whether the victim’s voluntary statements and the applicant’s clean record justify bail.
- Whether jail overcrowding and pendency of cases influence the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 64(1), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- Criminal Procedure Code
- POCSO Act
- overcrowded jails
- victim consent
- pre‑trial detention
- court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35193 of 2026
Karan Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajit Kumar Mishra, Atul Kumar Shahi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ajit Kumar Mishra, learned counsel for the applicant, Sri
Himanshu Kumar, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 405 of 2026, under
Section 137(2), 87, 64(1) BNS, 2023 and Sections 3/4 of the Protection of
Children from Sexual Offences Act-2012, Police Station- Bewar, District
Mainpuri.
3. Contention of learned counsel for the applicant is that though in the FIR,
the allegation has been made against the applicant to entice away the
daughter of first informant. However, the victim, in her statements recorded
under Sections 180 and 183 BNSS, has specifically stated that she has left
her house on her own free will and she is in relationship with the applicant.
It was also stated by the victim that she had already married to the applicant
and both are living as husband and wife. It is lastly argued that charge sheet
has been filed by the police, therefore, there is no requirement for custodial
interrogation. The applicant has no criminal history and he is languishing in
jail since 02.09.2026. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
BAIL No. 35193 of 2026
2
evidence, complicity of 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- Karan Kumar 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 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 as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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.
BAIL No. 35193 of 2026
3
11. It is 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
Mainpuri Jail Superintendent via e-mail or e-prison portal and Trial Court
via e-mode within 24 hours in compliance of the orders 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 in the case of 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.
13. Application, if any, stands disposed of.
October 1, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
Checking your session…