Allahabad High Court
YOGESH RANAversusSTATE OF U.P. THROUGH ITS PRINCIPAL SECRETARY (HOME) AT LUCKNOW, U.P. AND 3 OTHERS
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail as the informant and victim have turned hostile, and therefore the bail application is allowed.
Summary
Yogesh Rana applied for bail in a case under Section 137(2) of the IPC and Sections 3 and 4(2) of the Protection of Children from Sexual Offences (POCSO) Act, alleging sexual assault of a 14‑year‑old. The FIR was lodged by the victim’s brother, but during trial the informant and the victim turned hostile, leading the applicant’s counsel to argue false implication and a fair chance of acquittal. The State opposed bail. The High Court, noting the hostile statements and relying on recent Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail, allowed the bail application without addressing the merits of the case. The court ordered release on personal bond with two sureties, directing the accused to cooperate with the judicial process.
Issues considered
- Whether bail should be granted when the complainant and victim have turned hostile.
- Whether the provisions of Section 137(2) IPC and Sections 3 and 4(2) POCSO Act preclude bail in the present circumstances.
- Whether the Supreme Court precedents on bail are applicable to this case.
Legislation cited
- Indian Penal Code — s. 137(2)
- Protection of Children from Sexual Offences Act — s. 3, 4(2)
Subjects
- bail
- hostile witness
- POCSO Act
- sexual assault
- Supreme Court precedent
- criminal procedure
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5253 of 2026
Yogesh Rana
.....Applicant(s)
Versus
State Of U.P. Through Its Principal Secretary
(Home) At Lucknow, U.P. And 3 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh, Anjali Singh
Tomer, Atul Kumar, Nushra Siddiqui
Counsel for Opposite Party(s) : G.A., Sushil Kumar Pandey
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Ms. Anjali Singh Tomer, learned counsel for accused applicant,
Sri Rahul Gaur, learned counsel for the informant and learned A.G.A. for
State.
2. The present bail application has been moved by the applicant/ accused-
Yogesh Rana to enlarge him on bail in Case Crime No. 237 of 2025,
under Sections 137(2) BNS and Section 3/4(2) Protection of Children
from Sexual Offences Act, P.S.- Ratanpuri, District- Muzaffar Nagar,
during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in the FIR been lodged on
22.12.2025 by the brother of victim, who is deaf and dumb with the
allegation that the accused/applicant has dragged the victim aged about 14
years to his shop and committed sexual assault with him. It is the
contention of learned counsel that during the trial the informant and
victim turned hostile. The statement of informant and victim is on record.
Learned counsel further submits that there is fair chance of acquittal. The
applicant has three case criminal history and in all the cases he is on
bail. The accused applicant is languishing in jail since 23.12.2025. He
seeks to be enlarged on bail.
4. Learned counsel for the informant has conceded the hostile statement
BAIL No. 5253 of 2026
2
of the informant and injured.
4A. Learned A.G.A. for State has opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the informant and victim turned hostile to the
prosecution, the accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 24, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…