Allahabad High Court
KAPIL KUMAR PRAJAPATIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Kapil Kumar Prajapati applied for bail in a criminal case (Crime No. 134 of 2026) under Sections 137(2) and 64(1) of the BNSS, 2023 and Sections 3 and 4 of the POCSO Act. The FIR alleged that he had enticed the daughter of the first informant, but the victim’s statement under Sections 180 and 183 of the BNSS indicated she left the house voluntarily and no offence was committed. The medical examination report showed no injuries or signs of sexual assault, and the applicant had no prior criminal record. The charge sheet had already been filed, removing the need for custodial interrogation. Considering the victim’s statement, medical report, nature of the offence, and the applicant’s clean record, the court held that he was entitled to bail and ordered his release on personal bond with specified conditions.
Issues considered
- Whether bail should be granted to the accused in a POCSO‑related offence given the victim’s voluntary statement and lack of medical evidence of assault.
- Whether the filing of a charge sheet negates the necessity for custodial interrogation and justifies bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 180, 183, 64(1)
- POCSO Act — s. 3, 4
Subjects
- bail
- POCSO
- victim statement
- medical examination report
- criminal history
- high court
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35202 of 2026
Kapil Kumar Prajapati
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. List of fresh cases has been revised. Counsel for the applicant is not
present.
2. No one appeared on behalf of the first informant despite service of notice
by the police.
3. However, Sri Himanshu Kumar, learned A.G.A. for the State is present.
4. In absence of counsel for the applicant, this court appoints Ms. Afsha,
Advocate, AoR, A/A 1369 of 2025, as Amicus Curiae to assist the court
in disposal of this bail application.
5. Heard Ms. Afsha, counsel for the applicant, Sri Himanshu Kumar, learned
A.G.A. for the State and perused the record.
6. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 134 of 2026, under Sections
137(2), 64(1) of B.N.S., 2023 and Section 3/4 POCSO Act, Police Station-
Civil Lines, District-Moradabad.
7. Counsel for the applicant submitted that though in the FIR allegation has
been made that the applicant has enticed away the daughter of the first
informant but the victim in her statement under Section 180 and 183 BNSS
clearly stated that she herself left the house and no wrong has been
committed by the present applicant, therefore, the applicant has not
committed any offence. It is further submitted that the medical examination
BAIL No. 35202 of 2026
2
report of the victim does not show any mark of injury or any sign of sexual
assault. 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
a law abiding citizen and he is languishing in jail since 10.03.2026. In case,
he is granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
8. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
9. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the statement of the
victim recorded under Section 180 and 183 BNSS; also taking into account
the medical examination report of the victim and keeping in view the nature
of offence, evidence, complicity of accused 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 bail application is allowed.
10. Let the applicant- Kapil Kumar Prajapati 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.
11. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 35202 of 2026
3
cancellation of bail.
12. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
13. 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.
14. 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.
15. Office is directed to send a copy of this order to the applicant through
concerned 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.
16. This Court appreciates the services rendered by Ms. Afsha, therefore,
the High Court Legal Services Committee is directed to pay Rs.5,000/- to
Ms. Afsha for her assistance rendered to this Court.
(Arun Kumar Singh Deshwal,J.)
October 1, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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