SUHAILversusSTATE OF U.P.

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 16481 of 2026

Suhail
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :   Dheeraj Kumar Singh
Counsel for Opposite Party(s)                :   G.A.

Court No. - 65
(Sl. No. 33 out of 269)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Dheeraj Kumar Singh, learned counsel for the applicant, Sri
Ashutosh Singh, learned counsel for the informant as well as Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No. 205 of 2026, under Sections 85,
115(2), 352, 74, 64(1), 351(3) BNS and 3/4 of The Muslim Women
(Protection of Rights on Marriage) Act, 2019, Police Station Lisari Gate,
District Meerut, during the pendency of trial.

PROSECUTION STORY:

4. The marriage of the elder brother of the applicant Zubair was
solemnized with the victim as per Muslim rites on 20.8.2020. The
applicant and other family members are stated to have subjected her to
cruelty for demand of dowry and had assaulted her.

5. There are particular allegations against the applicant of having raped
the victim in the night of 22.3.2026 at about 10.00 pm when she was
alone in the house. The applicant is stated to have threatened her to put
her to death, lest she would reveal the said matter to anyone.

6. On 24.3.2026 at about 11.46 pm, the applicant and all the other co-
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                                  2


accused persons are stated to have assaulted her and are even stated to
have tried to strangulate her. Somehow she got released from their
clutches and there are particular allegations against the co-accused
persons of having torn her clothes off. The allegations against the husband
of the victim are of having pronounced triple talaq to her as well.

ARGUMENTS ON BEHALF OF APPLICANT:

7. The applicant is absolutely innocent and has been falsely implicated in the
present case. The FIR is delayed by three days as far as the incident of rape
is concerned and it is delayed by about 17 hours from the time of the alleged
incident of assault and there is no explanation of the said delay caused.

8. The medical report does not corroborate the incident of rape. Although
there are injuries sustained by the victim but the said injuries may be self-
inflicted and may be manufactured. The injuries are not grievous in nature.
Injury no.4 is on the neck, which is ligature mark. There is no allegation of
applicant of having caused the said injury. The instant case seems to be
misuse of dowry and rape laws.

9. There is no criminal history of the applicant. The applicant is languishing
in jail since 4.4.2026 and he is ready to cooperate with trial. In case, the
applicant is released on bail, he will not misuse the liberty of bail.

ARGUMENTS ON BEHALF OF STATE/INFORMANT:

10. After the incident, the police was called in the same night and the police
has taken the victim for medical examination but the police did not care to
get her medically examined immediately. Rather, it was conducted at night
after the institution of FIR at 8.26 pm. The applicant has committed the
heinous crime of rape with sister-in-law (bhabhi) and is not entitled for bail.

CONCLUSION:

11. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, the evidence on record, taking into
consideration the delay in institution of the FIR coupled by the fact that
applicant is brother-in-law of the victim and there being no injury sustained
on the vital part of the victim as far as the allegation of rape is concerned and
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                                                                    3


                                    without expressing any opinion on the merits of the case, the Court is of the
                                    view that the applicant has made out a case for bail. The bail application is
                                    allowed.

                                    12. Let the applicant- Suhail, who is involved in aforementioned case crime
                                    be released on bail on his furnishing a personal bond and two sureties each
                                    in the like amount to the satisfaction of the court concerned subject to
                                    verification of sureties, with the condition that he shall not tamper with
                                    evidence or intimidate witnesses and shall appear before the trial court as
                                    required.

                                    13. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    14. It is made clear that observations made in granting bail to the applicant
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                              (Krishan Pahal,J.)
                                    May 14, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad