Allahabad High Court

IRSHADversusSTATE OF U.P.

Decided: 6 May 2026
Bench: KRISHAN PAHAL

Holding

Since the FIR does not specify the date and time of the alleged offence and there is no evidence that the victim was impregnated, the applicant is entitled to bail.

Summary

The applicant, Irshad, sought bail in a rape case (Crime No. 30 of 2026) filed under Sections 64(2)M and 351(3) of the BNS. The prosecution alleged that Irshad, the brother‑in‑law of the victim, raped her and impregnated her, leading to a terminated pregnancy. The defence argued that the FIR omitted the date and time of the alleged offence, there was no evidence of pregnancy, and the victim was a major adult; Irshad also had no prior criminal record. The State opposed bail on the ground of the alleged pregnancy. The court, after considering the submissions and noting the lack of substantive evidence, held that the applicant was entitled to bail and ordered his release on personal bond and two sureties with standard conditions.

Issues considered

Whether bail should be granted when the FIR lacks essential details such as date and time of the alleged offence.
Whether the alleged pregnancy and its termination justify denial of bail in a rape case.
Whether the applicant's relationship to the victim and clean criminal record warrant bail.

Legislation cited

BNS — s. 351(3), 64(2)M

Subjects

bail
rape
FIR deficiencies
pregnancy allegation
sureties
court conditions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15519 of 2026

Irshad
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Rajesh Kumar Chitragupt
Counsel for Opposite Party(s) : Ajaj Ahmad, G.A.

Court No. - 65
(Sl. No. 14 out of 265)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Rajesh Kumar Chitragupt, learned counsel for the applicant
and Sri Ajaj Ahmad, learned counsel for the informant as well as 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. 30 of 2026, under Sections
64(2)M, 351(3) of BNS, Police Station - Mohana, District - Siddharth
Nagar, during the pendency of trial.

4. As per the prosecution story, the applicant, being the brother-in-law of
the victim, is alleged to have raped her and to have continued an illicit
relationship with her in the absence of her husband, who was abroad at
the relevant time.

5. Learned counsel for the applicant has argued that the FIR does not
mention the date and time of the alleged offence and that there is nothing
on record to suggest that the victim was impregnated by the applicant. It
is further submitted that the applicant has been falsely implicated, being
only the brother-in-law of the victim, and that the victim, being a married
lady, was major at the relevant time. The applicant is in jail since
11.03.2026, having no criminal history to his credit and deserves to be
released on bail. In case, the applicant is released on bail, he will not
BAIL No. 15519 of 2026
2

misuse the liberty of bail and shall cooperate with trial.

6. Per contra, learned AGA and learned counsel for the informant have
vehemently opposed the bail application on the ground that the victim had
terminated her pregnancy as she was impregnated by the applicant, as
such, the applicant is not entitled for bail.

7. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties and also considering the fact that the
victim was major and there is nothing on record to suggest that the
applicant impregnated her, prima facie I find it a fit case to release the
applicant on bail. The bail application is allowed.

8. Let the applicant- Irshad, 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.

9. 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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