Allahabad High Court
RAJABABUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Rajababu, who was arrested in a rape case (Criminal No. 225 of 2026) under sections of the B.N.S. and the POCSO Act. The applicant argued that he was falsely implicated, citing lack of incriminating material, an inconsistent victim statement, and no medical evidence supporting the rape allegation, as well as his clean criminal record. The State opposed bail, maintaining the seriousness of the offence. Relying on the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari, and considering jail overcrowding and case pendency, the Court granted bail without commenting on the merits. The order released the applicant on personal bond with two sureties and imposed standard bail conditions, directing verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted in a POCSO‑related rape case despite the seriousness of the offence
- Whether the absence of incriminating material and the applicant’s clean record justify bail
- Whether jail overcrowding and pendency of trials warrant a more liberal approach to bail
Legislation cited
Subjects
- bail
- rape
- POCSO
- false implication
- jail overcrowding
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29377 of 2026
Rajababu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Binod Kumar Vishwakarma, Kamala
Shanker Singh, Yug Raj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Surendra Bahadur Singh, learned counsel for the applicant
and Shri Jai Kishan Chaurasia, learned State Law Officer for the State and
perused the record. At the very outset, learned State Law Officer submits
that the notice has been served on the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 225 of 2026, under Sections 69, 352,
351(2), 115(2) of B.N.S. and Section 3/4 of POCSO Act, Police Station
Kotwali Dehat, District Mirzapur, 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
in her statement recorded under Section 183 BNSS has not stated
anything against the applicant and the age of the victim has been found to
be 17 years as per certificate of Class VIII, however, there is no certificate
of high School or certificate of school first attended and no radio-logical
examination has been conducted for her age determination. It is further
submitted that the medico legal report does not support the allegation of
commission rape on her. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 15.05.2026, in case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.
BAIL No. 29377 of 2026
2
4. Per contra, learned State Law Officer has vehemently opposed the
prayer for bail.
5. As per first information report, the applicant is said to have committed
rape on the victim on the false promise of marriage and the victim in her
statement recorded under Section 183 BNSS has not stated anything
against the applicant and the age of the victim has been found to be 17
years as per certificate of Class VIII, however, there is no certificate of
high School or certificate of school first attended and no radio-logical
examination has been conducted for her age determination. It is further
submitted that the medico legal report does not support the allegation of
commission rape on her. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 15.05.2026.
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- Rajababu 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.
BAIL No. 29377 of 2026
3
(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
Jail Superintendent, Mirzapur 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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