Allahabad High Court
SANTOSH @ SOTIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the terms specified by the court.
Summary
Santosh @ Soti applied for bail in a criminal case (No. 501 of 2026) under Sections 64(1) and 351(3) of the Uttar Pradesh B.N.S., 2023. The FIR was lodged about seven days after the alleged incident, and the victim’s statement recorded under Section 183 indicated her consent. The court examined the material, considered the delay and the victim’s consent, and, without passing on the merits, found the case fit for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of conditions would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case under Sections 64(1) and 351(3) of the B.N.S., 2023 considering a seven‑day delay in filing the FIR and the victim’s consent recorded under Section 183.
Legislation cited
- Uttar Pradesh B.N.S., 2023 — s. 183, 351(3), 64(1)
Subjects
- bail
- criminal procedure
- delay in FIR
- victim consent
- Section 64
- Section 351
- Section 183
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29794 of 2026
Santosh @ Soti
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Puneet Krishna Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.60 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Kuldeep Kumar Yadav, Advocate holding brief of Sri Puneet Krishna
Tiwari, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for
the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.501 of 2026, under Sections 64(1) and
351(3) B.N.S., 2023, Police Station- Robertsganj, District- Sonbhadra, during the
pendency of trial.
4. 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 of
about seven days in the institution of the FIR and the statement of the victim recorded
u/s 183 B.N.S.S., which indicates towards her consent, and without expressing any
opinion on the merits of the case, prima facie I find it a fit case to release the applicant
on bail. Accordingly, the bail application is allowed.
5. Let the applicant- Santosh @ Soti, be released on bail 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.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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