Allahabad High Court

SHAHID RAZAversusSTATE OF U.P. AND 3 OTHERS

Decided: 28 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court held that the applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Shahid Raza, who was charged with offences including rape of a minor under the POCSO Act and several sections of the BNS. The applicant argued that he was falsely implicated, pointing to contradictions between the victim's statements under Sections 180 and 183 of the BNS and the lack of supporting medical evidence. The State opposed bail, emphasizing the victim's minor status and her statement under Section 183 alleging rape. After reviewing the facts, the court noted the applicant's clean record, the overcrowding of jails, and recent Supreme Court and High Court precedents on bail. Relying on these considerations, the court granted bail with strict conditions. The order also directed verification of identities and prompt communication of the release order to the jail.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged rape of a minor.
Whether contradictions in the victim's statements and the absence of corroborative medical evidence preclude the grant of bail.
Whether factors such as jail overcrowding and Supreme Court/High Court guidelines on bail outweigh the seriousness of the alleged offences.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 180, 183, 351(3), 483, 64(1), 87
Protection of Children from Sexual Offences Act — s. 3, 4

Subjects

bail
rape
minor
POCSO Act
Bharatiya Nagarik Suraksha Sanhita
contradictory statements
jail overcrowding
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27283 of 2026

Shahid Raza
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Vijay Prakash Chaturvedi
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant,
Sri Uma Shankar Mishra, 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. 108 of 2026 under Sections 137(2),
87, 64(1), 351(3) BNS, 3/4 POCSO Act registered at Police Station
Dumariyaganj, District Siddharth Nagar 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 is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and there are material contradictions in
the statements of the victim recorded under Sections 180 and 183 BNSS as
she has not stated anything against the applicant in her statement under
Section 180 BNSS whereas in her statement under Section 183 BNSS, she
has stated that applicant committed rape on her. It is further submitted that
age of the victim has been found to be 16 years as per her ossification test as
well as transfer certificate of class VIIIth, however, there is no High School
certificate or the certificate of school first attended. It is further submitted
that medico-legal report of the victim does not support commission of rape
on her. It is also submitted that applicant, who has no criminal history, has
been languishing in jail since 26.6.2026 It is lastly submitted that in case
BAIL No. 27283 of 2026
2

applicant is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.

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 16 years and
she has stated in her statements recorded under section 183 BNSS that
applicant committed rape on her.

6. As per the FIR, applicant along with co-accused persons is said to have
enticed away the daughter of the first informant, however, she has been
recovered. The victim has not stated anything against the applicant in her
statement under Section 180 BNSS whereas in her statement under Section
183 BNSS, she has stated that applicant committed rape on her. Thus, there
are material contradictions in both her statements. The victim has been found
to be aged about 16 years as per her ossification test as well as transfer
certificate of class VIIIth, however, there is no High School certificate or the
certificate of school first attended. Medico-legal report of the victim does not
support commission of rape on her. Applicant, who has no criminal history,
has been languishing in jail since 26.6.2026.

7. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of the accused and taking into account overcrowded
jails and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
OnLine SC 3038 as well as guideline of this Court in the case of Maya
Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.

8. Let the applicant Shahid Raza involved in the aforementioned 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, 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
BAIL No. 27283 of 2026
3

dissuade him from disclosing such facts to the Court or to any police officer
or tamper with the evidence.

(ii) The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.

(iv) The applicant shall attend in accordance with the conditions of the bond
executed by him.

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

10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted. Verification
of mobile number and Aadhaar card of the applicant as well as sureties
should be verified by the court concerned.

11. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.

12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24 hours
in compliance of the order of the Apex Court in the case of Policy Strategy
for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021
decided on 31.01.2023 reported in (2024) 10 SCC 685.

(Jitendra Kumar Sinha,J.)
September 29, 2026
Madhurima

Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad

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