Shiva Gautam vs State Of U.P. And 3 Others

1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 5.1.2026. Learned A.G.A. has stated that the ossification test of the victim has been conducted and the victim was found to be 19 years old.

2. Heard Sri Bhupendra Pal, learned counsel for the applicant, Ms. Sunita Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.123 of 2025, under Sections 137(2), 87, 65(1) BNS and 5(L)/6 POCSO Act, Police Station Jajmau, District Kanpur Nagar, 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 is but evident from her statement recorded under Section 183 B.N.S.S., whereby she travelled with the applicant to several places including Mumbai, but she did not raise any alarm whatsoever. The victim is major aged about 19 years as per the ossification test report. The applicant has no criminal history and is in jail since 6.7.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

5. Per contra, learned counsel for the informant and learned A.G.A. have 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 age of the victim and her statement 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.

7. Let the applicant- Shiva Gautam, 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

Vikas Verma