Allowed¶12

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

Allahabad HC22 Apr 2026BAIL/24793/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Krishan Pahal, J.) allows bail application of Haridev in CRIMINAL MISC. BAIL APPLICATION No. 24793 of 2025 arising from Case Crime No.153 of 2024, Sections 363, 376 IPC and 3/4 POCSO Act, P.S. Sumerpur, District Hamirpur. Key factors: about 2 days' delay in FIR; victim's Section 183 BNSS statement showing she appears to be a consenting party; prima facie case for bail without opinion on merits. Bail conditions and cancellation clause noted. Decided April 23, 2026.

What did the court decide?

Applicant Haridev 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. ¶12

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Haridev is entitled to bail in Case Crime No.153 of 2024 under Sections 363, 376 IPC and Sections 3/4 POCSO Act, Police Station Sumerpur, District Hamirpur, during the pendency of trial.

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Court's answer

Taking into consideration the delay of about 2 days in the institution of the FIR and the fact that the victim appears to be a consenting party as per her statement recorded under Section 183 BNSS, and without expressing any opinion on the merits of the case, the Court held that prima facie the applicant has made out a case for bail.

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Ratio / Principle

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

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Key takeaways

Breach of any bail condition shall entail cancellation of bail, and the observations made in the order shall not affect the trial on merits.ratio¶16

Detailed headnote1 paragraphs

Bail granted under Sections 363, 376 IPC and Sections 3/4 POCSO Act (Case Crime No.153 of 2024, P.S. Sumerpur, District Hamirpur). Considering the delay of about 2 days in institution of the FIR and the victim's statement under Section 183 BNSS indicating she appears to be a consenting party, and without expressing any opinion on merits, the Court found a prima facie case for bail. Release directed on personal bond and two sureties, subject to verification, with conditions against tampering with evidence or intimidating witnesses and requiring appearance before the trial court; breach entails cancellation; observations not to affect trial on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 24793 of 2025

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Haridev

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.....Applicant(s)

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Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Mohammad Shahrum Khan Counsel for Opposite Party(s) : G.A., Raj Narayan Singh

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Court No. - 65

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(Sr. No.107 out of 259)

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HON'BLE KRISHAN PAHAL, J.

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List has been revised.

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Heard Sri Mohammad Shahrum Khan, learned counsel for the applicant, Sri Raj Narayan Singh, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.153 of 2024, under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police Station Sumerpur, District Hamirpur, during the pendency of trial.

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Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of about 2 days in the institution of the FIR and the fact that the victim appears to be a consenting party as per her statement recorded under Section 183 B.N.S.S., 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. Accordingly, the bail application is allowed .

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Let the applicant- Haridev , 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.

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BAIL No. 24793 of 2025

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