Allahabad High Court
PAWANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Pawan, accused under Section 70(2) of the B.N.S. and Sections 5(j)(ii) and 6 of the POCSO Act for the alleged rape of a 15‑year‑old girl who became pregnant. The applicant claimed he was falsely implicated, asserted that the victim’s statement did not name him, and highlighted his clean record and prolonged pre‑trial detention since September 2025. The prosecution argued that photographs had been recovered during investigation, though no specific IT‑Act provisions were invoked. Relying on the principles laid down in Kapil Wadhawan v. CBI (2025), Maya Tiwari v. State of U.P. (2024) and the Supreme Court’s policy on bail, the Court, without expressing a view on the merits, held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether bail should be granted to the accused Pawan under Section 70(2) of the B.N.S. and Sections 5(j)(ii) and 6 of the POCSO Act in view of the alleged evidence and the circumstances of the case.
Legislation cited
- B.N.S. — s. 70(2)
- Information Technology Act
- Protection of Children from Sexual Offences (POCSO) Act — s. 5(j)(ii), 6
Subjects
- bail
- POCSO
- false implication
- overcrowded jails
- pre‑trial detention
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8644 of 2026
Pawan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Pandey, Gaytri Rajput, Indra
Pal Singh Rajpoot, Ramesh Kumar
Pandey
Counsel for Opposite Party(s) : Dheeraj Singh, G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ramesh Kumar Pandey, learned counsel for the applicant,
Shri Dheeraj Singh, learned counsel for the first informant and Shri B.P.
Maurya, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 604 of 2026, under Sections 70(2) of
B.N.S. and Section 5(j)(ii)/6 of POCSO Act, Police Station Nandgram,
District Ghaziabad, during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the victim
in her statement recorded before the learned trial Court has not stated
anything against the applicant and co-accused Akash, even though the
main allegation is levelled against co-accused Akash. It is further
submitted that co-accused Akash has already been granted bail by this
Court vide order dated 14.08.2026 passed in Criminal Misc. Bail
Application No26605 of 2026. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 19.09.2025, in case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the first informant and learned A.G.A.
BAIL No. 8644 of 2026
2
have vehemently opposed the prayer for bail and it has been submitted by
them that some photographs have been recovered during investigation.
5. In reply, learned counsel for the applicant submits that no such
photograph or video is said to have been made viral by the applicant and
no provision of I.T. Act has been invoked and the charge sheet has
already been submitted.
6. As per first information report, the co-accused Akash is said to have
committed rape on the victim aged about 15 years, as a result of which,
the victim became pregnant of five months. It is further submitted that the
victim in her statement recorded before the learned trial Court has not
stated anything against the applicant and co-accused Akash has already
been granted bail by this Court vide order dated 14.08.2026 passed in
Criminal Misc. Bail Application No26605 of 2026. It is further submitted
that the applicant is having no criminal history and the applicant has been
languishing in jail since 19.09.2025.
7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Pawan involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two sureties each
in the like amount, to the satisfaction of the court concerned, with the
following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
BAIL No. 8644 of 2026
3
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Ghaziabad via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 14, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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