Allahabad High Court
SURAJ PRASADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant was entitled to bail and ordered its release subject to conditions.
Summary
Suraj Prasad was arrested in a case registered under Sections 137(2), 87, 64 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act for alleged sexual offences. The applicant contended that the alleged victim, a 15‑year‑old girl, was a consenting party, that there was no medical evidence to support the prosecution, and that he had no prior criminal record. The State opposed bail but could not refute the applicant’s submissions. The court, noting the victim’s statement of consent recorded under Section 183 and the absence of medical corroboration, held that a prima facie case for bail existed. Accordingly, the court granted bail on personal bond and sureties with standard conditions, without prejudicing the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the POCSO Act and IPC sections.
- Whether the alleged victim’s consent and lack of medical evidence affect the bail eligibility.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 64, 87
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- POCSO
- consent
- minor
- medical evidence
- criminal procedure
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42706 of 2025
Suraj Prasad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Yatharth Nath Pathak
Counsel for Opposite Party(s) : G.A., Rajesh Singh, Satyendra Kumar
Pal
Court No. - 65
(Sr. No.118 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Counter affidavit filed by learned A.G.A. is taken
on record.
2. Heard Sri Yatharth Nath Pathak, learned counsel for the applicant, Sri
Rajesh Singh, learned counsel for the informant, Sri Rajendra Prasad Singh,
learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.0317 of 2024, under Sections
137(2), 87, 64 BNS and 3/4 POCSO Act, Police Station Tarkulwa, District
Deoria, 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 and stayed in
Haryana for several days, and she has not levelled any allegations of rape
against the applicant. There is no medical corroboration of the incident
either. The victim is stated to be 15 years old as per the school certificate,
but there is no valid document to suggest that she was minor. She has been
examined during the trial, and she has not supported the prosecution story
either. The applicant has no criminal history and is in jail since 11.11.2024.
He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned counsel for the informant and learned State Law Officer have
BAIL No. 42706 of 2025
2
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 that the victim appears to be a consenting party as per her
statement recorded under Section 183 BNSS, and the fact that there is no
medical corroboration of the incident, 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- Suraj Prasad, 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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