Allahabad High Court
PANKAJ @ PRASHANTversusSTATE 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 Pankaj @ Prashant in a criminal case (Crime No. 135 of 2026) under Sections 137(2), 87, 65(1) of the Bhartiya Nyay Sanhita and Sections 5 and 6 of the POCSO Act. The FIR alleged that the applicant had enticed the daughter of the first informant, but the victim’s statement under Sections 180 and 183 BNSS indicated she left voluntarily and a medical report showed no injuries or signs of sexual assault. The applicant had no prior criminal record and the charge sheet had already been filed, negating the need for custodial interrogation. The State opposed bail but did not dispute these facts. After evaluating the victim’s statement, medical report, and the nature of the offence, the Court held that the applicant was entitled to bail and ordered his release on personal bond with two sureties and specific conditions.
Issues considered
- Whether bail should be granted in a POCSO case where the victim’s statement indicates voluntary departure and no physical injury is evident.
- Whether the filing of a charge sheet eliminates the necessity for custodial interrogation, thereby justifying bail.
- Whether the nature of the alleged offence warrants denial of bail despite the absence of prior criminal history.
Legislation cited
- Bhartiya Nyay Sanhita — s. 137(2), 180, 183, 65(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5, 6
Subjects
- bail
- POCSO
- victim statement
- medical report
- no prior record
- high court
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35215 of 2026
Pankaj @ Prashant
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amarendra Mani, Mohan Lal Shrma
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 Sri Desh
Deepak Shukla, Advocate, AoR, A/D 1719 of 2025, as Amicus Curiae to
assist the court in disposal of this bail application.
5. Heard Sri Desh Deepak Shukla, 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. 135 of 2026, under Sections
137(2), 87, 65(1) Bhartiya Nyay Sanhita (B.N.S.) and Section 5/6 POCSO
Act, Police Station Sakeet, District Etah.
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. 35215 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 26.08.2026. 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- Pankaj @ Prashant 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
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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 Sri Desh Deepak
Shukla, therefore, the High Court Legal Services Committee is directed to
pay Rs.5,000/- to Sri Desh Deepak Shukla for his 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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