Allahabad High Court
PANKAJversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
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 Pankaj, who was charged under Sections 69 and 115(2) of the same Act for allegedly establishing a physical relationship with a 21‑year‑old woman on a false promise of marriage. The applicant claimed false implication, noting that the victim’s medico‑legal report did not support a rape allegation and that he had no prior criminal record, having been in custody since 23 June 2026. The State opposed bail, but the court examined the nature of the offence, the lack of serious evidence, the applicant’s clean record, and the problem of overcrowded jails. Relying on the Supreme Court’s guidelines in Kapil Wadhawan v CBI (2025) and Maya Tiwari v State of U.P. (2024), as well as the policy on bail from a 2023 Suo Motu writ, the court found no reason to deny bail. Consequently, the court ordered the applicant’s release on bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence or further offences. The order also directed verification of identities and electronic transmission of the release order to the jail.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under Sections 69 and 115(2) BNS given the facts of the case
- Whether the applicant poses a risk of fleeing, tampering with evidence, or committing further offences
- Whether the seriousness of the alleged offence and the evidence on record justify denial of bail
- Whether jail overcrowding and pendency of cases warrant the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 180, 183, 483, 69
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- false promise of marriage
- consent
- jail overcrowding
- Supreme Court precedent
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27314 of 2026
Pankaj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar Kulshrestha
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Deepak Kumar Kulshrestha, 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. 306 of 2026 under Sections 69 and
115(2) BNS, registered at Police Station Sikandra, District Agra during
pendency of the trial.
3. It is contended by learned counsel for the applicant that applicant has been
falsely implicated in the present case and as per allegations in the FIR,
applicant is said to have established physical relationship with the victim on
false promise of marriage. It is further submitted that victim is major and her
medico-legal report 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 23.6.2026. It is lastly submitted that in case applicant is granted
bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
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 established physical relationship
with the victim on false promise of marriage. The victim is major aged about
BAIL No. 27314 of 2026
2
21 years and on perusal of her statements recorded under sections 180 and
183 BNSS as well as her conduct, it appears that she is a consenting party
and her medico-legal report does not support commission of rape on her.
Applicant, who has no criminal history, has been languishing in jail since
23.6.2026.
6. 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.
7. Let the applicant Pankaj 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
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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 27314 of 2026
3
9. 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.
10. 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.
11. 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
Checking your session…