Mahesh Prasad v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33380 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 4.9.2026.

¶2Heard Sri Sunil Kumar Singh, learned counsel for the applicant, Sri Ashok Gupta, learned counsel for the informant as well as Sri R.P. Singh, learned State Law Officer and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 259 of 2026, under Sections 137(2), 87, 64 BNS and 3/4 POCSO Act, Police Station Kotwali Padrauna, District Kushinagar, 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 had travelled with the applicant to several places including Punjab and has married him and has expressed her willingness to live with him. The victim, by her physical appearance, seems to be major although her age is 17 years as per ossification test report. In view of the inherent margin of error in such tests, it is urged that a leverage of two years on the upper side may be granted to the applicant while determining the age of the victim.

¶5Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since Versus Counsel for Applicant(s) : Ranjeet Kumar Pandey, Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Mahesh Prasad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

19.6.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

¶7Considering 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 and has married him and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Mahesh Prasad, 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 following conditions:-

(i) The applicant is being released on bail on the assurance of the counsel for the applicant that applicant is very much willing to take care of his wife (victim). The applicant shall deposit (Fixed Deposit) a sum of Rs. 1 lakh in her name within a period of three months from the date of his release from jail.

(ii) The applicant shall not tamper with evidence during trial.

(iii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iv) The applicant shall appear before the trial court on the date fixed.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2026 Shalini BAIL No. 33380 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad