Allahabad High Court
AJAY PATELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant had established a right to bail and therefore granted it.
Summary
The High Court considered a bail application filed by Ajay Patel, who was accused of attempting to rape a woman on 15 March 2025, with allegations that he bit the victim's face. The prosecution relied on a medical report confirming the injury, while the defense argued that the FIR was lodged twelve days after the incident, suggesting false implication, and highlighted the applicant's clean record. The State opposed bail, emphasizing the corroborated medical evidence. The court, after reviewing the material and noting the FIR delay, concluded that the applicant had made out a prima facie case for bail without delving into the merits. Consequently, bail was granted on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court.
Issues considered
- Whether the delay of twelve days in filing the FIR warrants denial of bail in an alleged attempt to rape case
- Whether the medical report corroborating the victim's injury precludes the grant of bail
- Whether the applicant's claim of innocence and lack of prior criminal record justify bail despite serious charges
Legislation cited
- Indian Penal Code — s. 115(2), 333, 351(3), 352, 62, 64
Subjects
- bail
- attempt to rape
- FIR delay
- medical evidence
- sureties
- Indian Penal Code
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25100 of 2025
Ajay Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Kumar, Santosh Kumar Rai,
Shiv Poojan Patel, Shiv Sharan Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.107 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.107 of 2025, under Sections 64,
62, 115(2), 352, 351(3), 333 BNS, Police Station Mauaima, District
Prayagraj, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have attempted to
commit rape on the victim on 15.3.2025 at about 03:30 a.m. and is even
stated to have bitten her on her face, lower the lips.
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 twelve days and there is no explanation of the said
delay caused. The allegations are of attempt to rape. The allegations are per
se false. The applicant has no criminal history and is in jail since 4.4.2025.
He undertakes to cooperate with the trial and not misuse the liberty of bail.
6. Learned State Law Officer has vehemently opposed the bail application
on the ground that allegations of biting the victim on her face stand
corroborated by the medical report, although the said injury was simple in
BAIL No. 25100 of 2025
2
nature.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the inordinate delay of twelve days in institution of FIR, 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.
8. Let the applicant- Ajay Patel, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 2, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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