Allahabad High Court
SALEEMversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court of Allahabad considered a bail application filed by Saleem, who was arrested under Sections 69 and 351(3) of the B.N.S. for an alleged offence involving a major divorced woman. The applicant contended that he was falsely implicated, that there was no incriminating material, and that the medico‑legal report did not support a rape allegation. The State opposed bail, but the court noted the applicant’s clean record, his prolonged pre‑trial detention since 03‑07‑2026, and the need to address jail overcrowding. Relying on Supreme Court precedents in Kapil Wadhawan v CBI (2025) and Maya Tiwari v State of U.P. (2024), as well as the policy directive on bail (2023), the court held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to a personal bond, sureties, and standard conditions.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 69 and 351(3) of the B.N.S. given the alleged facts and the applicant’s claim of false implication?
Legislation cited
- B.N.S. — s. 351(3), 69
Subjects
- bail
- false implication
- rape allegation
- overcrowded jails
- Supreme Court guidelines
- Section 69 B.N.S.
- Section 351(3) B.N.S.
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28368 of 2026
Saleem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod Kumar
Tirpathi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Manoj Kumar Tripathi along with Shri Vinod Kumar
Tirpathi, learned counsel for the applicant and Shri B.P. Maurya, learned
A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 476 of 2026, under Sections 69,
351(3) of B.N.S., Police Station Kotwali City, District Bijnor, during the
pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the victim
is a major divorced lady and her medico legal report does not support the
allegation of commission of rape on her. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 03.07.2026, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
5. As per first information report, the applicant is said to have established
physical relationship with the victim, who is a major divorced lady on the
false promise of marriage. It is further submitted that the medico legal
report does not support the allegation of commission of rape on her. It is
BAIL No. 28368 of 2026
2
further submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 03.07.2026.
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. Accordingly, the present application is ALLOWED.
8. Let the applicant- Saleem 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
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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
Jail Superintendent, Bijnor 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 9, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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