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Allahabad High Court

RAHULversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application was rejected as it lacked any substantive ground beyond the duration of incarceration.

Summary

The applicant Rahul, charged under Sections 115(2), 64 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act, has been in judicial custody since 21 October 2024. He filed a second bail application, arguing that his prolonged detention of over one and a half years violates his Article 21 right to liberty and that the trial is progressing slowly with only four witnesses examined. The State opposed bail, contending that the trial is underway and that the applicant has no fresh ground for relief beyond the length of incarceration. The Court referred to the Supreme Court decision in X vs. State of Rajasthan (2024 INSC 909), which holds that bail is generally not granted after charge framing unless exceptional circumstances exist. Finding no new substantive ground and deeming the period of detention insufficient for bail, the Court rejected the application and directed the trial court to expedite the pending trial, citing Vinod Kumar vs. State of Punjab and Hussain vs. Union of India.

Issues considered

  • Whether prolonged pre‑trial detention alone warrants the grant of bail.
  • Whether the applicant is entitled to bail after charge framing under the cited statutes.
  • Application of the Supreme Court precedent X vs. State of Rajasthan on bail after trial commencement.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • POCSO Act
  • criminal procedure
  • Supreme Court precedent

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 37262 of 2025

Rahul
                                                               .....Applicant(s)
                                     Versus

State Of U.P. And 3 Others
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Beerendra Pratap Singh, Indra Kumar
                                Singh
Counsel for Opposite Party(s) : G.A., Narayan Singh(Kushwaha)

Court No. - 65
(Sr. No.58 out of 259)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Indra Kumar Singh, learned counsel for applicant, Sri Narayan
Singh (Kushwaha), learned counsel for the informant as well as Sri Rajendra
Prasad Singh, learned State Law Officer for the State.

3. This is the second bail application on behalf of the applicant. The first one
was rejected by this Court vide order dated 21.3.2025 passed in Criminal
Misc. Bail Application No.3423 of 2025.

4. The present bail application has been filed by the applicant in Case Crime
No.195 of 2024, under Sections 115(2), 64 B.N.S. and 3/4 POCSO Act,
Police Station Nidhauli Kalan, District Etah with the prayer to enlarge him
on bail.

5. As a new ground, learned counsel for the applicant has stated the
applicant is languishing in jail since 21.10.2024, as such, he is incarcerated
in jail for more than one and a half years. The trial is moving at a snail's pace
as only four witnesses have been examined to date. As such, there is no
likelihood of conclusion of trial in near future. The fundamental rights of the
applicant enshrined under Article 21 of the Constitution of India stand
violated. There is no criminal antecedent of the applicant. He is ready to
cooperate with trial. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
                                                                                             BAIL No. 37262 of 2025
                                                                    2


                                    6. Per contra, learned State Law Officer and learned counsel for the
                                    informant have vehemently opposed the bail application on the ground
                                    that the trial is moving on as already four witnesses have been examined,
                                    as such, the applicant is not entitled for bail.

                                    7. The Supreme Court in case of X vs. State of Rajasthan & Anr.
                                    reported in 2024 INSC 909, has held that once the trial has commenced, it
                                    should be allowed to reach to its final conclusion, which may either result
                                    in conviction or acquittal of the accused. The bail should not be normally
                                    granted to the accused after the charge has been framed. It should also not
                                    be granted by looking into the discrepancies here or there in the
                                    deposition.

                                    8. After hearing learned counsel for the parties and taking into
                                    consideration the fact that counsel for the applicant could not produce any
                                    new ground for pressing the instant bail application except the period of
                                    incarceration undergone by the applicant, I do not find it a fit case for grant
                                    of bail to the applicant. The bail application is found devoid of merits and
                                    is, accordingly, rejected.

                                    9. However, it is directed that the aforesaid case pending before the trial
                                    court be decided expeditiously in view of the principle as has been laid
                                    down in the recent judgments of the Supreme Court in the cases of Vinod
                                    Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another
                                    vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.

                                    10. It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                              (Krishan Pahal,J.)
                                    April 23, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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