Allahabad High Court
PANKAJ KUMAR @ AJAYversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Pankaj Kumar (Ajay) in a case under Sections 137(2), 87, 65(1) of the Evidence Act and Sections 3 and 4 of the POCSO Act. The applicant claimed innocence, arguing that the alleged victim, a 14‑year‑old according to the FIR, was actually a consenting adult and that there was no documentary proof of her minority. The State opposed bail but could not refute the applicant’s submissions. The court, after noting the victim’s statement of consent recorded under Section 183 of the B.N.S.S., found that prima facie the applicant had satisfied the criteria for bail. Consequently, bail was granted on personal bond and two sureties, subject to standard conditions. The order does not prejudice the trial on merits.
Issues considered
- Whether bail can be granted to an accused charged under the POCSO Act when the alleged victim claims consent.
- Whether the alleged age of the victim, lacking documentary proof, affects the bail decision.
- Whether the applicant’s clean criminal record and willingness to cooperate justify bail.
Legislation cited
- B.N.S.S. — s. 65(1)
- Indian Evidence Act, 1872 — s. 137(2), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- POCSO Act
- consent
- minority
- criminal procedure
- evidence act
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37532 of 2025
Pankaj Kumar @ Ajay
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mustaqeem Ahmad
Counsel for Opposite Party(s) : G.A., Pallavi Mishra
Court No. - 65
(Sr. No.63 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 25.10.2025.
2. Heard Sri Mustaqeem Ahmad, learned counsel for the applicant, Ms.
Pallavi Mishra, learned counsel for High Court Legal Services Committee as
well as Sri Jai Kishan Chaurasia, learned State Law Officer for the State and
perused the material placed on record.
3. Applicant seeks bail in Case Crime No.119 of 2025, under Sections
137(2), 87, 65(1) BNS and 3/4 POCSO Act, Police Station Sen Paschim
Para, District Kanpur Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party as she had travelled with the applicant to several
places and had not raised any alarm whatsoever during the said sojourn.
5. It is further argued by learned counsel for the applicant that the victim, by
her looks, seems to be major, although she is stated to be 14 years old as per
the FIR. There is no valid document to support the allegations that victim
was minor. The applicant has no criminal history and is in jail since
20.7.2025. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
6. Learned State Law Officer and learned counsel for High Court Legal
BAIL No. 37532 of 2025
2
Services Committee have vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 183
B.N.S.S., which indicates her consent, and without expressing any opinion
on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Pankaj Kumar @ Ajay, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 2, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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