Allahabad High Court
DIPANKERversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The applicant, Dipanker, was charged in Crime No. 145 of 2026 under Sections 87 and 64(1) of the BNS for an alleged incident at Chandpur police station, Bijnor. The victim, a 21‑year‑old woman, gave a statement under Section 183 BNSS suggesting she had consented to the encounter and claimed she raised an alarm on a bus journey, but no one intervened and there was no medical evidence to support her allegation. The defense argued that the victim's testimony was unreliable and that the lack of corroborative evidence weakened the prosecution's case. The court examined the victim's statement, the absence of medical proof, and the circumstances surrounding the alleged incident. Finding that the applicant had made out a prima facie case for bail, the court granted bail with conditions. The order emphasized that the bail does not affect the trial on merits and any breach of conditions would lead to cancellation.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 87 and 64(1) of the BNS given the victim's statement indicating consent and the lack of medical evidence.
Legislation cited
- BNS — s. 64(1), 87
Subjects
- bail
- criminal procedure
- consent
- victim testimony
- Section 87
- Section 64(1)
- BNS
- trial
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14240 of 2026
Dipanker
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Nadeem, Rajiv Sisodia
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 33 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shashank Dwivedi, Advocate holding brief of Sri Rajiv
Sisodia, 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. 145 of 2026, under Sections
87, 64(1) of BNS, Police Station - Chandpur, District - Bijnor, during
the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the statement of the victim recorded u/s 183 BNSS prima facie indicates
her consent, as she accompanied the applicant to several places via
different modes of transportation. Although she claims to have raised an
alarm during the bus journey, no one came to her rescue which is
inherently unbelievable. The victim is major, aged about 21 years.
Furthermore, no medical evidence on record corroborates the alleged
incident.
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- Dipanker, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
BAIL No. 14240 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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