National Hockey Coach Bhanu Prakash Agarwal Released Amidst Contradictory Evidence and Absence of CCTV Footage
The Uttarakhand High Court, under the judgment rendered by Justice Alok Mahra, has granted bail to Bhanu Prakash Agarwal, a National Hockey Coach, embroiled in a case involving serious allegations under the Protection of Children from Sexual Offences (POCSO) Act. The case, which had drawn significant attention, unfolded with the coach accused of sexual assault on a minor participant at a hockey camp intended for selection to the National Games.
The allegations, initially made by the victim's father, suggested a heinous crime, purportedly witnessed by an Assistant Hockey Coach, Shubham Pal. However, the medical examination of the victim cast doubts on these accusations as it revealed no evidence of sexual intercourse or physical injury. The defense argued that the bleeding from the victim's private parts was due to her menstrual cycle, not an assault.
In a turn of events that further complicated the case, the defense highlighted discrepancies in the statements of the complainant and the victim. Notably, the complainant, during his testimony, contradicted the FIR by stating he hadn't lodged it. This discrepancy, coupled with the absence of CCTV footage due to technical limitations — the DVR's memory was full, rendering the recording of the incident unavailable — weakened the prosecution's case.
Justice Mahra emphasized these contradictions and the lack of substantial evidence, noting that the accused had been in judicial custody since January 6, 2026. The court found no risk of tampering with evidence or influencing witnesses, thus deeming the case suitable for bail. Consequently, Agarwal was granted bail, contingent upon his furnishing a personal bond and two reliable sureties.
The decision underscores the challenges in judicial proceedings where technical evidence is absent and witness statements are inconsistent. As the case progresses, it will undoubtedly be watched closely by legal experts and the public alike, given the sensitive nature of the allegations and the implications for both the accused and the alleged victim.
Bottom line:-
Bail granted to the accused in a POCSO and Bharatiya Nyaya Sanhita case considering absence of evidence to substantiate allegations, contradictions in witness statements, and no risk of evidence tampering or witness influence.
Statutory provision(s): Protection of Children from Sexual Offences (POCSO) Act, Sections 5(N)/6; Bharatiya Nyaya Sanhita, Sections 64(2)(f), 127(2)
Bhanu Prakash Agarwal v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2896271