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

Rohit Garg 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 Rohit Garg 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, on conditions of not tampering with evidence or intimidating witnesses and appearing before the trial court as required; breach entails cancellation of bail; observations shall not affect the trial on merits.

Issue for consideration

Whether the applicant Rohit Garg is entitled to be released on bail in Case Crime No.60 of 2025 under Sections 137(2), 64(2)(i) BNS and 3/4 POCSO Act, Police Station Kavinagar, District Ghaziabad, during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of counsel, the evidence on record, and the victim's statement under Section 183 B.N.S.S. indicating her consent, and without expressing any opinion on merits, the Court prima facie found that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Rohit Garg 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; breach of any condition shall entail cancellation of bail, and the observations shall not affect the trial on merits.

Detailed headnote1 paragraphs

Bail — Case Crime No.60 of 2025 under Sections 137(2), 64(2)(i) BNS and 3/4 POCSO Act, P.S. Kavinagar, District Ghaziabad — applicant in jail since 19.1.2025, no criminal history — victim stated to be 16 years old as per FIR but argued to appear major by looks — victim's statement recorded under Section 183 B.N.S.S. indicates her consent — counsel for informant and learned A.G.A. opposed but could not dispute applicant's submissions — held, prima facie a case for bail made out without expressing opinion on merits; bail allowed on personal bond and two sureties subject to verification, with conditions against tampering with evidence or intimidating witnesses and to appear before trial court; breach entails 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. - 22556 of 2025

Rohit Garg

.....Applicant(s)

	Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Akash Dwivedi, Jitendra Kumar : G.A., Satyendra Singh

Court No. - 65

(Sr. No.115 out of 277)

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Akash Dwivedi, learned counsel for the applicant, Sri Satyendra Singh, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.60 of 2025, under Sections 137(2), 64(2)(i) BNS and 3/4 POCSO Act, Police Station Kavinagar, District Ghaziabad, during the pendency of trial.

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 is but evident from her statement recorded under Section 183 B.N.S.S. Her consent can also be drawn from the fact that she has stated that she had taken certain money from the house alongwith her.

It is further argued by learned counsel for the applicant that the victim, by her looks, seems to be major, although she is stated to be 16 years old as per the FIR. The applicant has no criminal history and is in jail since 19.1.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

BAIL No. 22556 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 statement of the victim recorded under Section 183 B.N.S.S., which indicates her consent, 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 .

Let the applicant- Rohit Garg , 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