Jaypal Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Jaypal Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Jaypal to 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 conditions not to tamper with evidence or intimidate witnesses and to appear before the trial court as required.

Issue for consideration

Whether applicant Jaypal, in custody since 13.5.2025 in Case Crime No.345 of 2025 (Sections 64(2)M, 65(1), 351(2), 351(3) BNS and 3/4(2), 5(L)/6 POCSO Act, P.S. Faridpur, Bareilly), is entitled to bail during the pendency of trial, in light of the victim/PW-1 having turned hostile.

Court's answer

On the facts, submissions and evidence, and taking into consideration that the victim/PW-1 has turned hostile, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The applicant Jaypal is to 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 conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

Key takeaways

Breach of any bail condition shall entail cancellation of bail, and the observations in the judgment shall not affect the trial on merits.ratio¶19

Detailed headnote1 paragraphs

Bail — Case Crime No.345 of 2025, P.S. Faridpur, District Bareilly, under Sections 64(2)M, 65(1), 351(2), 351(3) BNS and 3/4(2), 5(L)/6 POCSO Act — applicant in jail since 13.5.2025 — victim examined as PW-1 resiled from earlier statements and was declared hostile and cross-examined by the public prosecutor — A.G.A. opposed but could not dispute the applicant's submissions — without expressing any opinion on the merits, the Court held the applicant had made out a case for bail and allowed the application — release on personal bond and two sureties, subject to verification, with conditions against tampering with evidence or intimidating witnesses and to appear before the trial court — breach to entail cancellation; observations not to affect trial on merits. (Krishan Pahal, J.; decided April 20, 2026.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 22262 of 2025

Jaypal

.....Applicant(s)

	Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Arvind Kumar Sahu, Sudarshan Singh
Counsel for Opposite Party(s)	: G.A., Rakesh Kumar Singh

Court No. - 65

(Sr. No.106 out of 277)

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Sudarshan Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. Learned counsel for the informant is not present.

Applicant seeks bail in Case Crime No.345 of 2025, under Sections 64(2)M, 65(1), 351(2), 351(3) BNS and 3/4(2), 5(L)/6 POCSO Act, Police Station Faridpur, District Bareilly, during the pendency of trial.

Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has been examined as PW-1 during trial and she has completely resiled from her earlier statements and has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case.

Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 13.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

BAIL No. 22262 of 2025

2

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim/PW-1 has turned hostile, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Jaypal , 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.

Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

April 20, 2026 Vikas Verma

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad