Allahabad High Court
SHUBHAM SAINIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the prosecution failed to make out a prima facie case against the applicant.
Summary
The applicant, Shubham Saini, filed a bail application in a gang‑rape case (Crime No. 30 of 2026) charged under Sections 70(2) and 351(3) of the BNS Act and Sections 5(G), 5(J)(ii) and 6 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNS Act did not name the applicant as a perpetrator, which the court held to be the most reliable evidence. Consequently, the prosecution was deemed to lack prima facie credibility. The court, without passing on the merits, found that the applicant satisfied the criteria for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the alleged gang‑rape charges.
- Whether the prosecution has established a prima facie case in view of the victim’s statement not naming the applicant.
Legislation cited
Subjects
- bail
- criminal procedure
- gang rape
- POCSO Act
- prima facie
- victim statement
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14172 of 2026
Shubham Saini
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kundan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 28 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice
to the informant has been served on 28.04.2026 but none is present on
behalf of the informant.
2. Heard Sri Kundan Mishra, 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. 30 of 2026, under Sections
70(2), 351(3) of BNS and Sections 5(G), 5(J)(ii)/6 of POCSO Act,
Police Station - Lar, District - Deoria, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that,
though a case of gang rape has been registered and the applicant is named
in the FIR, the victim in her statement recorded u/s 183 BNSS has not
nominated the applicant. This statement carries the highest evidentiary
value in law. The prosecution case thus lacks prima facie credibility,
warranting grant of 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- Shubham Saini, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
BAIL No. 14172 of 2026
2
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
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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