Allahabad High Court
SHIVA SAINIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The bail application is allowed, granting bail with conditions.
Summary
Shiva Saini applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a rape case (Crime No. 307 of 2025) involving a minor victim aged between 13 and 17 years. The applicant claimed false implication, highlighted that the medico‑legal report showed an intact hymen and disputed the victim's age, and pointed to the prior bail granted to co‑accused Bittu. The State opposed bail, relying on the victim's statements under Sections 180 and 183 of the BNS alleging rape. The Court examined the evidence, the victim's age discrepancy, the applicant's minor criminal history, and the heavy pendency of cases, and concluded that bail was appropriate without expressing an opinion on the merits. Accordingly, the bail application was allowed subject to a personal bond of Rs. 50,000 and several conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court's future findings.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a rape case involving a minor.
- Whether the victim's age discrepancy and the medico‑legal report affect the grant of bail.
- Whether the applicant's prior criminal history and custodial duration impact bail eligibility.
- Whether the bail granted to a co‑accused influences the applicant's bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 180, 183, 351, 483, 70(2)
- Protection of Children from Sexual Offences (POCSO) Act
Subjects
- bail
- rape
- minor victim
- medico‑legal report
- false implication
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26281 of 2026
Shiva Saini
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Jalaj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Jalaj Singh, learned counsel for the applicant, Sri Ashish Kumar Tripathi,
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. 307 of 2025 under Section 70(2) of BNS and 5G/6 POCSO
Act registered at Police Station Devband, District Saharanpur during pendency of the
trial.
3. At the very outset, learned A.G.A. states that notice has been served upon the first
informant.
4. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in the present case and similarly placed co-accused Bittu has
already been granted bail by this Court vide order dated 07.4.2026 passed in Criminal
Misc. Bail Application No.34298 of 2025. It is further submitted that age of the victim
has been found to be 17 years as per ossification test and 13 years and 4 months as per
certificate of class VIIIth and her medico-legal report does not support the allegation
of rape as her hymen has been found intact. It is further submitted that applicant has
criminal history of minor offences and he has been languishing in jail since
20.5.2025. 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.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the
applicant and submits that victim is a minor girl aged about 13 years and 4 months as
per certificate of class VIIIth and 17 years as per ossification test and she has stated in
her statements recorded under sections 180 and 183 BNSS that applicant committed
rape on her.
6. As per the FIR, applicant and co-accused Bittu are said to have committed gang
BAIL No. 26281 of 2026
2
rape on the victim. However, medico-legal report of the victim does not support the
allegation of rape as her hymen has been fond intact and no injury has been found on
her private part. The victim has been found to be aged about 17 years as per
ossification test and 13 years and 4 months as per certificate of class VIIIth, however,
there is no certificate of High School or school first attended. Co-accused Bittu has
already been granted bail by Co-ordinate Bench of this Court. Applicant has criminal
history of minor offences and he has been languishing in jail since 20.5.2025.
7. 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. Hence, the present bail application is ALLOWED.
8. Let the applicant Shiva Saini 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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 8, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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