Allahabad High Court
RAMUversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, and the accused is released on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ramu, who was charged under Sections 74, 75, 76 and 64(1) of the same Act for an alleged rape. The applicant contended that the medico‑legal report did not support the rape allegation and that the first informant had turned hostile, emphasizing his lack of prior criminal record and prolonged pre‑trial detention since 3 November 2025. The State opposed bail, arguing the seriousness of the offence. After reviewing the record, the Court, without expressing an opinion on the merits, found the circumstances suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions. The order clarified that it does not prejudice the trial court's independent assessment of the evidence.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged rape where the medico‑legal report is inconclusive and the primary witness is hostile.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483, 64(1), 74, 75, 76
Subjects
- bail
- criminal procedure
- rape allegation
- hostile witness
- medico-legal report
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2508 of 2026
Ramu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anil Kumar Dubey, Chandra Bhan Dubey,
Vidit Narayan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Anil Kumar Dubey, learned counsel for the applicant, Sri Chandra
Shekhar Saran, learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 839 of 2025 under Sections 74, 75, 76, 64(1) BNS registered at
Police Station Kotwali Dehat, District Bulandshahar during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in the present case and the victim is a major lady and her medico-
legal report does not support the allegation of commission of rape on her. It is further
submitted that the first informant has turned hostile before the learned trial court and
he has not supported the prosecution case. It is further submitted that applicant has no
criminal history and he has been languishing in jail since 03.11.2025. It is also
submitted that the applicant undertakes that he will not misuse the liberty, if granted.
It has also been pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the
applicant.
5. As per the FIR, applicant is said to have committed rape on the sister of the first
informant aged about 20 years, however, medico-legal report of the victim does not
support the allegation of commission of rape on her. The first informant has turned
hostile before the learned trial court and he has not supported the prosecution case.
Applicant has no criminal history and he has been languishing in jail since
03.11.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
BAIL No. 2508 of 2026
2
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Ramu involved in the aforesaid case crime be released on bail on
his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
September 9, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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