Allahabad High Court
GAUTAM KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Gautam Kumar, who was arrested in Crime No. 336 of 2026 under Sections 65(1), 137(2) of the BNS Act and Section 3/4(2) of the POCSO Act. The FIR alleged that the sister of the first informant disappeared, but the victim’s statements under Sections 180 and 183 of the BNSS indicated she left voluntarily with the applicant and was in a consensual relationship with him. The applicant argued he had no criminal record, the charge sheet was already filed, and he had been detained since 26‑06‑2026 without need for further custodial interrogation. The State opposed bail but did not dispute the facts. Relying on Supreme Court precedent (Kapil Wadhawan) and the Allahabad High Court’s own guidelines (Maya Tiwari), the court held that the applicant was entitled to bail, subject to a personal bond, sureties, and strict conditions. The bail order was consequently granted.
Issues considered
- Whether bail should be granted to the accused under the BNS and POCSO statutes given the nature of the alleged offence and the victim’s statements.
- Whether the existence of a charge sheet and the applicant’s clean record justify release on bail.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO Act
- victim statements
- overcrowded prisons
- Supreme Court precedent
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35209 of 2026
Gautam Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Shahibe Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Mohd. Shahibe Alam, learned counsel for the applicant, Sri
DPS Chauhan, learned A.G.A. for the State and perused the record. No
one appeared 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. 336 of 2026, under Sections 65(1),
137(2) BNS, and Section 3/4(2) P.O.C.S.O. Act, Police Station Baraut,
District Baghpat, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that though in the
FIR allegation has been made that the sister of the first informant
disappeared while she went to school on 19.05.2026, but the victim in her
statements recorded under Sections 180 and 183 BNSS specifically stated
that she left her house on her own free will along with the applicant and
she stated that she was in love and in a relationship with him, married
him, established physical relationship and is living as husband and wife,
yet the applicant has been falsely implicated in the present case.
4. 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 26.06.2026. In
case he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
BAIL No. 35209 of 2026
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5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and statements of the victim recorded
under Sections 180 and 183 BNSS, coupled with the refusal of the victim
to undergo medical examination, 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 judgment 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.,
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.
7. Let the applicant-Gautam 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.
8. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 35209 of 2026
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cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Baghpat 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.
14. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
October 1, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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