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

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22536 of 2025

Court No. - 65 (Sr. No.114 out of 277) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised. Learned State Law Officer has informed that the notice to the informant has been served on 21.6.2025.

¶2Heard Sri Rajiv Kumar Pandey, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.271 of 2025, under Sections 137(2), 351(2), 64 BNS and 3/4 POCSO Act, Police Station Khurja Nagar, District Bulandshahr, during the pendency of trial.

¶4Learned 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., whereby she traveled with the applicant to several places and had not raised any alarm whatsoever during the said sojourn.

¶5It 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 marginally less than the age of majority as per the school certificate. The applicant has no criminal history and is in jail since 18.4.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

¶6Learned State Law Officer has vehemently opposed the bail application Versus Counsel for Applicant(s) : Rajiv Kumar Pandey Counsel for Opposite Party(s) : G.A. Sunil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) but could not dispute the submissions made by the counsel for the applicant.

¶7The Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673 has stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed.

¶8Considering 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.

¶9Let the applicant-Sunil, 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.

¶10Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 20, 2026 Vikas Verma BAIL No. 22536 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad