Jabir Ali vs State Of U.P. And 4 Others
- Neutral2026:AHC:103981
Ratio decidendi
The rule this decision rests on
Where an applicant accused of offences under Sections 137(2), 87, 65(1) BNS, Sections 5L/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act demonstrates, through the victim's statement recorded under Section 183 BNSS indicating her consent, a prima facie case meriting bail consideration, bail may be granted on personal bond and sureties subject to conditions prohibiting tampering with evidence and intimidation of witnesses, with the condition that the accused appear before the trial court as required. Breach of bail conditions shall result in cancellation of bail, and observations made in granting bail shall not prejudice the trial on merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. Learned State Law Officer has informed that the notice to the informant has been served on 23.04.2026, but none is present on behalf of the informant.
2. Heard Sri Dinesh Kumar Pandey, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.0036 of 2026, under Sections 137(2), 87, 65(1) BNS, 5L/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station- Nichlaul, District- Maharajganj, during the pendency of trial.
4. Learned 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 she had travelled with the applicant to several places and had taken Rs.50,000/- from her house. By her physical appearance, she seems to be major, although she is 14 years and 8 months old, but there is no valid document to suggest that she was minor. The applicant himself is a youth aged about 21 years. A matter of a consensual relationship between two adolescents has been converted into a criminal case by the informant. The applicant has no criminal history and is in jail since 15.02.2026 and he undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
6. 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 under Section 183 BNSS, 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.
7. Let the applicant- Jabir Ali, 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.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)
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