Allowed¶17

Komal Alias Hrishchandra v. State of Up and 3 Others

Allahabad HC1 Apr 2026BAIL/30265/2025

Case brief

AI extract

What is this about?

Bail allowed; Allahabad High Court; Krishan Pahal, J.; Crl. Misc. Bail Application No. 30265 of 2025; Case Crime No. 158 of 2025; Sections 137(2), 65(1) BNS; 3/4(2) POCSO Act; statement u/s 183 BNSS; no medical corroboration; FIR escalation from outraging modesty to rape alleged afterthought; no criminal history; custody since 7.5.2025; P.S. Chhatari, District Bulandshahr; personal bond and two sureties; bail conditions; cancellation of bail on breach.

What did the court decide?

Bail granted to the applicant Komal Alias Hrishchandra in Case Crime No. 158 of 2025 on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on dates fixed); sureties to be verified before release order. ¶17

Komal Alias Hrishchandra Vs State of Up and… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Komal Alias Hrishchandra, involved in Case Crime No. 158 of 2025 under Sections 137(2), 65(1) BNS and 3/4(2) POCSO Act, Police Station Chhatari, District Bulandshahr, is entitled to bail during the pendency of trial.

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Court's answer

Taking into account the absence of medical corroboration of the incident and that the informant/victim had initially instituted the FIR regarding outraging of modesty only, and without expressing any opinion on merits, the applicant has made out a case for bail; the bail application is allowed.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order.

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Key takeaways

Release on bail is subject to conditions: (i) the applicant shall not tamper with evidence during trial; (ii) shall not pressurise/intimidate prosecution witnesses; (iii) shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.ratio¶19
Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶23

Detailed headnote1 paragraphs

Bail granted — Allahabad High Court (Krishan Pahal, J.) allowed the bail application of Komal Alias Hrishchandra in Case Crime No. 158 of 2025 under Sections 137(2), 65(1) BNS and 3/4(2) POCSO Act, Police Station Chhatari, District Bulandshahr. The Court took into account that there was no medical corroboration of the incident and that the informant/victim had initially instituted the FIR regarding outraging of modesty only, the escalation to rape in her statement recorded u/s 183 BNSS having been urged by counsel to be an afterthought; the applicant had no criminal history and was in custody since 7.5.2025. Without expressing any opinion on merits, bail was granted on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidation of prosecution witnesses, appearance before the trial court), breach being a ground for cancellation; observations in the order were made clear not to affect the trial Judge's independent opinion.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 30265 of 2025

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Komal Alias Hrishchandra

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.....Applicant(s)

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Versus
State Of Up And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Ashish Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 65

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(Sl. No.132 out of 262)

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HON'BLE KRISHAN PAHAL, J.

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List has been revised. As informed by learned A.G.A., notice to the informant has been served on 2.9.2025.

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Heard Sri Ashish Singh, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 158 of 2025, under Sections 137(2), 65(1) BNS and 3/4(2) POCSO Act, Police Station Chhatari, District Bulandshahr, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim herself has instituted the FIR and had only made the allegations of outraging the modesty but subsequently, she has escalated the allegations to that of rape in her statement recorded u/s 183 BNSS as an afterthought. There is no medical corroboration of the incident.

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Learned counsel for the applicant has further stated that there is no criminal history of the applicant.The applicant is languishing in jail since 7.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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

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BAIL No. 30265 of 2025

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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 there is no medical corroboration of the incident and that initially, the informant/victim had instituted the FIR against the applicant regarding outraging of modesty only 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 .

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Let the applicant- Komal Alias Hrishchandra, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Krishan Pahal,J.)

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April 2, 2026 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Komal Alias Hrishchandra v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Komal Alias Hrishchandra v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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