Satyabhan @ Satyavan vs State Of U.P. And 3 Others
- Neutral2026:AHC:105382
Ratio decidendi
The rule this decision rests on
Where a bail application is made in a case involving allegations under the Protection of Children from Sexual Offences Act, the applicant has made out a prima facie case for bail where: (1) the victim's statement recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita indicates her consent, as demonstrated by her voluntary accompaniment with the applicant to several places without raising any alarm; (2) documentary evidence establishes the victim was over 17 years of age at the time of the alleged offence and her appearance confirms she is a major; and (3) there is an absence of medical evidence on record to corroborate the alleged incident, rendering the prosecution case lacking in prima facie credibility.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 29.04.2026 but none is present on behalf of the informant.
2. Heard Sri Raghuraj Singh, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 168 of 2025, under Sections 137(2), 87, 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Sahar, District - Auraiya, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS prima facie indicates her consent, as she had accompanied the applicant to several places without raising any alarm whatsoever. The High School certificate establishes the victim's date of birth as 12.10.2008, confirming she was over 17 years of age at the time of the offence and, by her appearance, she looks major. Furthermore, there is no medical evidence on record to corroborate the alleged incident. The prosecution case thus lacks prima facie credibility, warranting bail to the applicant.
5. 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.
6. Let the applicant- Satyabhan @ Satyavan, 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.
7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Siddhant
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