Allahabad High Court
RAVI KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
Ravi Kumar applied for bail in a criminal case (Crime No. 23 of 2026) involving alleged offences under Sections 64, 69 and 115(2) of the BNS. The FIR was lodged more than three months after the alleged incident, which the court noted as an inordinate delay. The victim, a married woman, was said to have been promised marriage by the applicant, a claim the court found implausible and lacking force. After hearing counsel for both sides, the court observed that, without delving into the merits, the applicant had established a prima facie case for bail. Consequently, the court ordered his release on personal bond and two sureties, subject to standard conditions. The bail order emphasized that any breach would lead to cancellation and would not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case where the FIR was filed after a delay of more than three months.
- Whether the allegations under Sections 64, 69 and 115(2) of the BNS warrant denial of bail.
Legislation cited
- BNS — s. 115(2), 64, 69
Subjects
- bail
- criminal procedure
- delay in FIR
- Section 64
- Section 69
- Section 115(2)
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15546 of 2026
Ravi Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar Patel, Mohit Kumar
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 17 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by learned
counsel for the applicant is taken on record.
2. Heard Sri Anil Kumar Bind, Advocate holding brief of Sri Aman
Kumar Patel, learned counsel for the applicant and Sri Dharmendra
Kumar, 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. 23 of 2026, under Sections
64, 69, 115(2) of BNS, Police Station - Kadrigate, District -
Farrukhabad, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
there is an inordinate delay of more than three months in lodging the
FIR. The victim being a married woman, no question arises of the
applicant promising marriage, rendering the prosecution story inherently
implausible and devoid of force.
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- Ravi Kumar, be released on bail on furnishing a
BAIL No. 15546 of 2026
2
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.
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
Checking your session…