Allahabad High Court
PAWAN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant had made out a prima‑facie case for bail and therefore granted bail.
Summary
The High Court considered a bail application filed by Pawan Kumar, who was charged under Sections 137(2), 64 and 87 of the BNS Act and Sections 3 and 4 of the POCSO Act for an alleged offence in Kushi Nagar. The victim’s statement recorded under Section 183 of the BNS Act suggested consent, as she had travelled with the accused to Ahmedabad without raising alarm. The victim was found to be about 15 years old, but there was no medical evidence to corroborate the alleged assault. After hearing counsel for both sides, the Court held that, on a prima‑facie basis, the applicant had established a case for bail. Consequently, the Court ordered his release on personal bond and sureties, subject to standard bail conditions, without expressing an opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the BNS Act and the POCSO Act, considering the victim’s alleged consent and lack of medical evidence.
Legislation cited
Subjects
- bail
- criminal procedure
- consent
- POCSO
- victim age
- medical evidence
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40756 of 2025
Pawan Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Chaubey, Sachin Malik
Counsel for Opposite Party(s) : Archana Hans, G.A.
Court No. - 65
(Sl. No. 111 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 15.11.2025 but none is present on behalf of
the informant.
2. Rejoinder affidavit filed today by the learned counsel for the applicant
is taken on record.
3. Heard Sri Sachin Malik, learned counsel for the applicant and Ms.
Archana Hans, learned counsel for High Court Legal Services Committee
as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also
perused the material placed on record.
4. Applicant seeks bail in Case Crime No. 214 of 2025, under Sections
137(2), 64, 87 of BNS and Sections 3/4 of POCSO Act, Police Station -
Sevrahi, District - Kushi Nagar, during the pendency of trial.
5. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS prima facie indicates
her consent as she had accompanied the applicant all the way to
Ahemdabad, Gujarat without raising any alarm whatsoever. The
ossification test report places the victim's age at about 15 years.
Furthermore, there is no medical evidence on record to corroborate the
alleged incident.
6. Without expressing any opinion on the merits of the case, prima facie
BAIL No. 40756 of 2025
2
the Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
7. Let the applicant- Pawan Kumar, 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 14, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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