Allahabad High Court
MOHD KAIFversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the accused.
Summary
The applicant, Mohd Kaif, sought bail in a criminal case (Crime No. 81 of 2026) filed under Sections 87 and 64(1) of the BNS. The victim’s statement recorded under Section 183 of the BNS indicated that she consented to the relationship and denied any rape, stating she was a major of about 19 years and had completed Class XII. The court found the prosecution’s case lacked prima facie credibility based on the victim’s declaration. Consequently, the court held that the applicant had made out a case for bail. The bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 87 and 64(1) of the BNS when the victim’s statement indicates consent and denies rape.
Legislation cited
- BNS — s. 64(1), 87
Subjects
- bail
- criminal procedure
- consent
- rape allegation
- Sections 87 BNS
- Section 64(1) BNS
- victim statement
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15517 of 2026
Mohd Kaif
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arnav Rai, Hemant Kumar Rai, Swati
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 13 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Arnav Rai, learned counsel for the applicant and Sri Sunil
Kumar, learned A.G.A. for the State and also perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 81 of 2026, under Sections
87, 64(1) of BNS, Police Station - Mubarakpur, District - Azamgarh,
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 has categorically stated that she was never raped by
the applicant and that the relationship was established out of her own free
will. As per her own statement, she is major, aged about 19 years, and has
already passed the Class XII examination. The prosecution case thus lacks
prima facie credibility, warranting the release of the applicant on bail.
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- Mohd Kaif, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
BAIL No. 15517 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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