Ajay Kumar vs State Of U.P. And 3 Others
- Neutral2026:AHC:107842
Ratio decidendi
The rule this decision rests on
Where a bail applicant is accused of offences including sexual abuse of a minor under the POCSO Act, the applicant may be granted bail during trial where the following circumstances together obtain: the alleged victim's statement under section 183 BNSS indicates consent and absence of resistance, the victim accompanied the applicant to multiple places without raising alarm, there is a delay of nine days in lodging the FIR, there is no medical evidence corroborating the alleged offence, and there is no recovery of any indecent video or photograph of the victim. The grant of bail to a person accused during trial is conditional upon the accused furnishing a personal bond and two sureties in like amount to the satisfaction of the trial court with verification of sureties, and the accused must undertake not to tamper with evidence, not to intimidate witnesses, and to appear before the trial court as required. Breach of any condition imposed upon grant of bail entails cancellation of bail, and observations made during the bail hearing do not prejudice the merits of the trial.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Shiv Lal, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 415 of 2025, under Sections 137(2), 351(3), 65(1), 87 BNS and Section 5(L)/6 of POCSO Act, Police Station Meja, District Prayagraj, during the pendency of trial.
4. The applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by nine days and there is no explanation of the said delay caused.
5. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she had travelled with the applicant to several places and did not raise any alarm, whatsoever. There is no medical corroboration of the incident. The victim, by her physical appearance, seems to be major although her age is 18-19 years as per ossification test report and a leverage of two years may be granted to the applicant on the upper side.
6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 12.1.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. 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 u/s 183 BNSS, whereby she seems to be consenting party, as she had gone with the applicant several places and did not raise any alarm during the said sojourn, the delay of nine days in lodging of FIR, there being no medical corroboration of the incident, there being no recovery of any indecent video or photograph of the victim 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.
8. Let the applicant- Ajay Kumar 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Sushma
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