Allahabad High Court
BABLOOversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Babloo, was arrested for alleged assault and sexual assault under several IPC sections after an incident on 7 December 2024. He claimed innocence, arguing that the FIR was filed a day late and that the victim’s allegations of rape were added later without medical corroboration. The State opposed bail, but the court noted the delay in FIR filing and the absence of medical evidence as factors supporting a prima‑facie case for bail. The court, without passing on the merits, found that bail was appropriate subject to standard conditions. Consequently, Babloo was released on personal bond and two sureties, with conditions to appear in court and not tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a case involving alleged assault and sexual assault despite serious charges.
- Whether the delay in filing the FIR and lack of medical evidence justify granting bail.
- Whether the applicant poses a risk of tampering with evidence or fleeing.
Legislation cited
- Indian Penal Code — s. 115(2) BNS, 332(Kha), 351(2), 352, 64, 74
Subjects
- bail
- delay in FIR
- lack of medical evidence
- sexual assault allegation
- prima facie
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22717 of 2025
Babloo
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Bahadur Shivhare
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.118 out of 277)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicant, Sri
Jai Kishan Chaurasia, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.306 of 2024, under Sections 74,
64, 332(Kha), 352, 351(2), 115(2) BNS, Police Station Biwar, District
Hamirpur, during the pendency of trial.
4. As per prosecution story, the applicant, in an inebriated state, is stated to
have assaulted and caused injuries to the victim on her face on 7.12.2024 at
about 10:00 p.m.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about one day and there is no explanation of the said delay
caused. There was no allegation of sexual assault against the applicant in the
FIR, but the said allegations have been escalated to that of rape in the
statement of victim recorded U/s 183 BNSS as an afterthought after legal
consultation.
6. Learned counsel for the applicant has further argued that there is no
medical corroboration of the sexual assault although she sustained minor
injuries on her face, which are simple in nature. The applicant has no
BAIL No. 22717 of 2025
2
criminal history and is in jail since 7.12.2024. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
8. 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 FIR and also there being no medical
corroboration of the sexual assault, and 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. The bail application is allowed.
9. Let the applicant- Babloo, 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.
10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 20, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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