Allahabad High Court
RAJ GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the delay in filing the FIR and the victim's apparent consent warranted the grant of bail.
Summary
Raj Gupta was arrested in connection with a case (Crime No.184 of 2026) involving alleged offences under IPC sections 137(2), 87, 352, 351(3) and Sections 7 and 8 of the POCSO Act. He contended that he was falsely implicated, noting a one‑day delay in filing the FIR and that the alleged victim appeared to be a consenting adult who raised no alarm. The State opposed bail, but the court considered the FIR delay, the victim’s apparent consent, and the lack of a criminal record. Finding a prima facie case for bail, the court ordered his release on personal bond and sureties, subject to standard conditions. The bail order does not prejudice the trial on merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial given the nature of the offences and the circumstances of the case
- Whether the delay in filing the FIR and the victim's apparent consent justify granting bail
Legislation cited
- Indian Penal Code — s. 137(2), 351(3), 352, 87
- Protection of Children from Sexual Offences Act, 2012 — s. 7, 8
Subjects
- bail
- criminal procedure
- IPC
- POCSO Act
- consent
- FIR delay
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29499 of 2026
Raj Gupta
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Kumar Mishra, Hari Om
Sharan Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.31 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that notice
to the informant has been served on 10.9.2026.
2. Heard Sri Hari Om Sharan Tiwari, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.184 of 2026, under Sections
137(2), 87, 352, 351(3) BNS and Section 7/8 POCSO Act, Police Station
Kotwali Chunar, District Mirzapur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about one day and there is no explanation of the said delay
caused. There is no allegation of any untoward incident committed with the
victim and she seems to be a consenting party as she had travelled with the
applicant in train. The victim by her looks seems to be major. The applicant
has no criminal history and is in jail since 7.5.2026. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
BAIL No. 29499 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay in institution of FIR coupled with the fact that victim
seems to be a consenting party as she had not raised any alarm whatsoever
during the said sojourn, and without expressing any opinion on the merits of
the case, prima-facie the Court is of the view that the applicant has made out
a case for bail. The bail application is allowed.
7. Let the applicant- Raj Gupta, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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