Allahabad High Court
ZUBAIRversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail, subject to the usual conditions.
Summary
The applicant, Zubair, sought bail in a criminal case (Crime No. 47 of 2026) involving sections 115(2), 352, 351(3) and 69 of the Indian Penal Code, arising from an alleged failed consensual relationship that was later criminalised. The victim, a 21‑year‑old adult, alleged assault and related offences, but the court observed that there was no conclusive evidence that the applicant had misled or induced the victim by fraud. A significant delay of 20 days in filing the FIR was noted, casting doubt on the strength of the prosecution’s case. After hearing counsel for both sides, the court, without passing on the merits, found that the applicant had made out a prima facie case for bail. Consequently, bail was granted on the condition of a personal bond, two sureties, and compliance with standard bail conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail should be granted in a case involving sections 115(2), 352, 351(3) and 69 of the IPC during the pendency of trial.
- Whether the 20‑day delay in lodging the FIR and the lack of conclusive evidence justify the grant of bail.
- Whether the victim being an adult affects the bail considerations.
Legislation cited
- Indian Penal Code — s. 115(2), 351(3), 352
Subjects
- bail
- criminal procedure
- IPC sections 115(2) 352 351(3)
- delay in FIR
- consensual relationship
- adult victim
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16439 of 2026
Zubair
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hina Shafiq, Rizwan Ahmad(Qureshi)
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 23 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rizwan Ahmad(Qureshi), learned counsel for the applicant
and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 47 of 2026, under Sections
115(2), 352, 351(3), 69 of BNS, Police Station - Chhajlet, District -
Moradabad, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the victim is about 21 years of age and is therefore major. There is no
clinching or conclusive evidence on record to suggest that the applicant
misled the victim from the very beginning or induced her under any false
promise or fraud. The material available on record indicates that what
essentially remained a failed consensual corporeal relationship has later
been converted into a criminal case against the applicant. There is an
inordinate delay of 20 days in lodging the FIR.
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- Zubair, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
BAIL No. 16439 of 2026
2
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 14, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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