Allahabad High Court
SATISH YADAVversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Satish Yadav applied for bail in a criminal case (Crime No. 335 of 2025) involving alleged rape and dowry‑related offences under several sections of the B.N.S. and the POCSO Act. The applicant contended that he was falsely implicated, that there was no incriminating material or medical evidence linking him to the alleged rape, and that he had no prior criminal record. The State opposed bail, relying on the victim's statements that the applicant had committed rape after being 'sold' to him by co‑accused. The court, considering the lack of substantive evidence, the applicant's clean record, the overcrowding of jails, and recent Supreme Court guidelines on bail, decided to grant bail without expressing an opinion on the merits. The bail was ordered subject to a personal bond, sureties, and conditions to prevent tampering with evidence and further criminal activity.
Issues considered
- Whether bail should be granted in a serious offence (rape and dowry‑related) where the prosecution evidence is alleged to be insufficient.
- Whether the applicant's claim of false implication and lack of prior criminal record warrant bail despite the nature of the charges.
- Whether considerations of jail overcrowding and Supreme Court bail guidelines affect the decision.
Legislation cited
Subjects
- bail
- rape
- dowry
- POCSO
- criminal procedure
- jail overcrowding
- Supreme Court guidelines
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13537 of 2026
Satish Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Singh, Rakesh Kumar
Tiwari, Ram Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Rejoinder affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Mahendra Singh, learned counsel for the applicant and Shri
B.P. Maurya, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 335 of 2025, under Sections 85,
115(2), 64, 143, 144 of B.N.S. and Section 3/4 of POCSO Act, Police
Station Meja, District Prayagraj, during the pendency of the trial.
4. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that as per
allegations in the first information report, she was tortured in connection
with demand of dowry and the victim in her statement recorded under
Sections 180 and 183 BNSS has stated that she was sold by two co-
accused persons to the applicant and the applicant committed rape on her
and the victim is a major lady aged about 22 years. It is further submitted
that the medico legal report does not support the allegation of
commission rape on her and there is no mention of any date, time and
place of incident. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
11.02.2026, in case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
BAIL No. 13537 of 2026
2
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that the victim in her statement recorded
under Sections 180 and 183 BNSS has stated that she was sold by two co-
accused persons to the applicant and the applicant committed rape on her.
6. As per first information report, the victim was subjected to cruelty of
her in laws and she was thrown out from her matrimonial home, however,
the victim in her statement recorded under Sections 180 and 183 BNSS
has stated that she was sold by two co-accused persons to the applicant
and the applicant committed rape on her and the victim is a major lady
aged about 22 years. It is further submitted that the medico legal report
does not support the allegation of commission rape on her and there is no
mention of any date, time and place of incident. It is further submitted
that the applicant is having no criminal history and the applicant has been
languishing in jail since 11.02.2026.
7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Satish Yadav involved in the aforementioned 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, with
the following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
BAIL No. 13537 of 2026
3
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Prayagraj via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 14, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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