Allahabad High Court
AMAN RATHAURversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The Allahabad High Court considered a bail application filed by Aman Rathaur, who was arrested in connection with a rape allegation under Sections 64(1), 123 and 351(2) of the Indian Penal Code. The applicant, the brother‑in‑law of the victim, claimed innocence, argued that the FIR was lodged more than five months after the alleged incident, and asserted that the case stemmed from a family feud. The State opposed bail, but the court noted the inordinate delay in filing the FIR and the lack of any criminal history for the applicant. Without expressing a view on the merits, the court found that the applicant had made out a prima‑facie case for bail. Accordingly, bail was granted on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses and attendance before the trial court.
Issues considered
- Whether the applicant is entitled to bail pending trial despite serious charges of rape and assault
- Whether the five‑month delay in filing the FIR warrants granting bail
- Whether the applicant’s claim of innocence and lack of criminal record justify bail
Legislation cited
- Indian Penal Code — s. 123, 351(2), 64(1)
Subjects
- bail
- criminal procedure
- delay in FIR
- rape allegation
- sureties
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15198 of 2026
Aman Rathaur
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepankar Shukla, Mukesh Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.7 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.102 of 2026, under Sections 64(1),
123, 351(2) BNS, Police Station Ajeetmal, District Auraiya, during the
pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is the brother-in-law (Nandoi) of the victim and he is stated to have
raped her. The FIR is delayed by more than five months and there is no
explanation of the said delay caused. The matter of family feud has been
converted into a criminal case by the informant. The victim obviously is
major being a married women. The applicant has no criminal history and is
in jail since 25.3.2026. He undertakes to cooperate with the trial and not
misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
BAIL No. 15198 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the inordinate delay of more than five months in institution of
FIR, and 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.
The bail application is allowed.
7. Let the applicant- Aman Rathaur, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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