Allahabad High Court
VIKASversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail subject to a personal bond, sureties and conditions.
Summary
The High Court considered a bail application filed by Vikas, accused in Crime No. 172 of 2025 for alleged rape of a girl aged 16 years 11 months under Sections 64(1) and 351(3) of the BNS and Sections 3 and 4 of the POCSO Act. The applicant argued that he was falsely implicated, the victim had turned hostile, and there was no proper age verification as no school certificates or radiological examination were produced. The State opposed bail, emphasizing the seriousness of the offence. The Court, taking note of the victim’s hostile stance, lack of conclusive age proof, the applicant’s clean record, and the prevailing concerns of jail overcrowding, referred to the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari. Without expressing a view on the merits, the Court held that the applicant was entitled to bail, subject to a personal bond, sureties and strict conditions. The bail order was accordingly granted.
Issues considered
- Whether bail should be granted to an accused of alleged rape of a minor under the POCSO Act and BNS provisions when the victim has turned hostile and age verification is inconclusive
- Whether the applicant’s clean criminal record and jail overcrowding justify bail despite the seriousness of the alleged offence
Legislation cited
Subjects
- bail
- rape
- minor
- POCSO
- victim hostile
- jail overcrowding
- age verification
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35557 of 2025
Vikas
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Furquan Ahmad (Alvi), Mohammad
Atif, Pramod Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Pramod Kumar Srivastava, learned counsel for the applicant
and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 172 of 2025, under Sections 64(1),
351(3) of BNS and Section 3/4 of POCSO Act, Police Station Karai,
District Kaushambi, during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and victim has
turned hostile before the trial Court and she has not supported the
allegations of FIR. It is further submitted that the age of the victim has
been found to be 16 years and 11 months as per her certificate of Class
5th however, there is no High School certificate or the certificate of
school first attended and no radio-logical examination of the victim has
been conducted for her age determination. It is also submitted that the
applicant has been languishing in jail since 20.5.2025 and he is having no
criminal history. It is lastly submitted that in case the applicant is granted
bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
BAIL No. 35557 of 2025
2
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
6. As per the allegation in the FIR, the applicant is said to have
committed rape on the victim aged about 16 years, however, the victim
has turned hostile before the trial Court and she has not supported the
allegations of FIR. The age of the victim has been found to be 16 years
and 11 months as per her certificate of Class 5th however, there is no
High School certificate or the certificate of school first attended and no
radio-logical examination of the victim has been conducted for her age
determination. The applicant has been languishing in jail since 20.5.2025
and he is having no criminal history.
7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Vikas 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.
BAIL No. 35557 of 2025
3
(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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
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
concerned Jail Superintendent via e-mail or e-prison portal 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.
(Jitendra Kumar Sinha,J.)
September 24, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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