Allowed

Dinesh v. State of U.P. and 3 Others

Allahabad HC5 Aug 2025BAIL/26835/2025

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed for an accused charged under BNS and POCSO Act. The court, noting the victim did not support the prosecution case at trial and observing a bleak chance of conviction, granted bail with standard conditions.

What did the court decide?

Bail granted to applicant in Case Crime No. 166 of 2025, Police Station Jasrana, District Firozabad, on personal bond and two sureties, subject to conditions.

Dinesh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26835 of 2025

Dinesh

.....Applicant(s)

Versus

State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Shambhawi Shukla, Sunil Vishal Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Supplementary affidavit filed today is taken on record.

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Despite service of notice none has appeared on behalf of informant, even in the revised call.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that though the victim in her statements has made specific allegation against the applicant for committing her rape, but at the trial the victim (P.W.2) in her statement states that on the date of occurrence as her mother had beaten her she left her house and went to house of her Aunt and when she was coming to her home, police has apprehended her, thus, she has not supported the prosecution case, which statement has been filed as Annexure No. S.A.1 to the supplementary affidavit today. Thus, it is argued that there is bleak chance that prosecution may prove its case beyond reasonable doubt and the applicant may be convicted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 03.06.2025, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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BAIL No. 26835 of 2025

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant-Dinesh, be enlarged on bail in Case Crime No. 166 of 2025, under Sections 137(2), 87, 64 of B.N.S. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station- Jasrana, District- Firozabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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December 1, 2025

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Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Dinesh v. State of U.P. and 3 Others

Case brief

What is this about?

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Dinesh v. State of U.P. and 3 Others

Case brief

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