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

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

What the court decided

AI extract

Outcome

Applicant Vijay 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.

Issue for consideration

Whether the applicant Vijay is entitled to bail in Case Crime No. 178 of 2025 (Sections 137(2), 64(1) BNS; Sections 3/4 POCSO Act, Police Station Khekra, District Baghpat) during the pendency of trial.

Court's answer

The statement of the victim recorded u/s 183 of BNS prima facie indicates her consent, as she married the applicant in a temple.

Ratio / Principle

The victim's consent can also be inferred from the fact that she took Rs. 40,000/- and ornaments with her from her house.

Key takeaways

The victim stated her age to be between 16 and 17 years, but there is no valid document on record to establish that she was a minor at the time of the incident.ratio¶12
Without expressing any opinion on the merits, the Court prima facie found that the applicant had made out a case for bail and allowed the bail application.ratio¶13
Release on bail on personal bond and two sureties, subject to verification of sureties and conditions of not tampering with evidence, not intimidating witnesses and appearing before the trial court; breach of any condition shall entail cancellation of bail, and the observations shall not affect the trial on merits.

Detailed headnote1 paragraphs

Bail — Offences under Sections 137(2), 64(1) BNS and Sections 3/4 POCSO Act — Case Crime No. 178 of 2025, P.S. Khekra, District Baghpat — Victim's statement u/s 183 BNS prima facie indicates consent as she married the applicant in a temple; consent also inferred from her taking Rs. 40,000/- and ornaments from her house — Victim stated her age as 16–17 years but no valid document established minority at the time of incident — Bail allowed without expression on merits, on personal bond and two sureties, with conditions against tampering with evidence or intimidating witnesses and to appear before trial court; breach entails cancellation; observations not to affect trial (Allahabad HC, Krishan Pahal, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 26041 of 2025

Vijay

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Krishna Kumar Sharma
Counsel for Opposite Party(s) :	G.A.

Court No. - 65

(Sl. No. 120 out of 259)

HON'BLE KRISHAN PAHAL, J.

List has been revised. As informed by learned AGA, notice to the informant has been served on 2.8.2025 but none is present on behalf of the informant.

Heard Sri Krishna Kumar Sharma, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.

Applicant seeks bail in Case Crime No. 178 of 2025, under Sections 137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Khekra, District - Baghpat, during the pendency of trial.

Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 of BNS prima facie indicates her consent, as she married the applicant in a temple. Her consent can also be inferred from the fact that she took Rs. 40,000/- and ornaments with her from her house. She herself has stated her age to be between 16 and 17 years, although there is no valid document on record to establish that she was a minor at the time of the incident.

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 .

Let the applicant- Vijay, be released on bail on furnishing a personal

BAIL No. 26041 of 2025

2

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 23, 2026 Siddhant

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad