Allahabad High Court
SONE LAL PATELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The applicant, Sone Lal Patel, was charged in Crime No.58 of 2026 under Sections 64 and 351(2) of the Indian Penal Code for an alleged offence investigated by the Sarai Inayat police station, Prayagraj. He applied for bail during the pendency of trial. The court noted a delay of about two and a half months in filing the FIR and the absence of any recovered indecent video of the victim. After considering the material on record and the counsel's submissions, the court held that the applicant had made out a prima facie case for bail, without expressing an opinion on the merits. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 64 and 351(2) of the Indian Penal Code considering the delay in FIR registration and lack of material evidence.
Legislation cited
- Indian Penal Code — s. 351(2), 64
Subjects
- bail
- criminal procedure
- Section 64 IPC
- Section 351(2) IPC
- delay in FIR
- evidence
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15437 of 2026
Sone Lal Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Vimal
Kumar Bhaskar
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.71 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Arvind Kumar Srivastava, 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.58 of 2026, under Sections 64,
351(2) BNS, Police Station Sarai Inayat, District Prayagraj, during the
pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration the delay of about two and a half months in the institution of
the FIR and that there is no recovery of any indecent video of the victim, 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.
Accordingly, the bail application is allowed.
5. Let the applicant- Sone Lal Patel, 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.
BAIL No. 15437 of 2026
2
6. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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