Allahabad High Court

KARAN BHARTIversusSTATE OF U.P. AND 3 OTHERS

Decided: 5 May 2026
Bench: KRISHAN PAHAL

Holding

The court held that bail should be granted to the accused on the basis of prima facie case and lack of sufficient grounds for denial.

Summary

Karan Bharti was arrested in connection with a rape case involving a girl born on 02‑12‑2008, alleged to have been enticed under false pretences and assaulted, with charges under IPC sections 137(2), 64(2), 351(2), 123 BNS and sections 3 and 4 of the POCSO Act. The applicant pleaded innocence, claiming the victim was a consenting party and that he had no prior criminal record. The State opposed bail, but the court, after reviewing the victim's statement recorded under CrPC 183 and the material on record, found that prima facie the applicant had made out a case for bail. The court therefore granted bail on personal bond and sureties, subject to standard conditions, without expressing any view on the merits of the case. The bail order emphasized that any breach would lead to cancellation and would not affect the trial on merits.

Issues considered

Whether bail should be granted to an accused charged with offences under the IPC and POCSO Act involving a minor victim.
Whether the seriousness of the alleged offences and the age of the victim preclude the grant of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 183
Indian Penal Code — s. 123 BNS, 137(2), 351(2), 64(2)
Protection of Children from Sexual Offences Act — s. 3, 4

Subjects

bail
POCSO
rape
minor
IPC
CrPC
criminal procedure
personal bond
surety

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3764 of 2026

Karan Bharti
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Sandeep
Kumar Patel
Counsel for Opposite Party(s) : Annapurna Devi, Ashok Kumar
Gautam, G.A.

Court No. - 65
(Sr. No.92 out of 259)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised

2. Heard Sri Abhishek Kumar Jaiswal, learned counsel for the applicant, Sri
Ashok Kumar Gautam, learned counsel for the informant, Smt. Annapurna
Devi, learned counsel for the High Court Legal Service Committee, Sri Sunil
Kumar, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No.324 of 2025, under Sections
137(2), 64(2), 351(2), 123 BNS and Section 3/4 POCSO Act, Police Station
Mirzamurad, District Varanasi, 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 gone with the applicant to several
places, whereby the applicant had enticed her away on the pretext of getting
her Dhamm Diksha at Sarnath and instead committed rape with her and even
promised to marry her and subsequently refused to comply with the said
promise. As per high school certificate, her date of birth is 02.12.2008; as
such, she was less than 17 years old, but by her physical appearance, she
seems to be major. The applicant has no criminal history and is in jail since
27.11.2025. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
BAIL No. 3764 of 2026
2

5. Learned counsel for the opposite parties have vehemently opposed the bail
application but could not dispute the submissions made by the counsel for
the applicant.

6. 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 BNSS,
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.

7. Let the applicant- Karan Bharti, 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.

8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.

(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)

Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad

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