Allahabad High Court
FARMAN AHMADversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Farman Ahmad, who was arrested in a case registered under IPC sections 64(1), 115(2) and 351(3). The FIR does not allege rape, but the victim’s statement under CrPC sections 180 and 183 accuses the applicant of rape, although the medico‑legal report found no injuries to the private parts. The applicant has been in custody since 26‑June‑2026, has no prior criminal record, and claims false implication. Relying on Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs State U.P.) and the policy guideline on bail, the court held that the applicant is entitled to bail despite the serious allegation. Bail was granted subject to a personal bond, two sureties and conditions prohibiting tampering with evidence, further offences, and non‑cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving a rape allegation despite the absence of a rape charge in the FIR and limited medical evidence.
- Whether the applicant’s lack of criminal history and the principles laid down in recent Supreme Court bail guidelines justify release on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180, 183
- Indian Penal Code — s. 115(2), 351(3), 64(1)
Subjects
- bail
- rape allegation
- IPC sections
- CrPC sections
- Supreme Court bail guidelines
- overcrowded jails
- medical evidence
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29910 of 2026
Farman Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Aslam Khan, Mohd. Mateen
Khan
Counsel for Opposite Party(s) : G.A., Mohd. Shoeb Khan
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised. Heard Mohd. Aslam Khan, learned counsel for the
applicant and Sri B.P. Maurya, learned A.G.A. for the State and Sri
Anees Kumar Gautam, holding brief of Mohd. Shoeb Khan, learned
counsel for the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 184 of 2026, under Sections 64(1),
115(2), 351(3) BNS, Police Station Sadar Bazar, District Saharanpur,
during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and there is no
allegation of rape in the FIR, however, the victim in her statement
recorded under Sections 180 and 183 BNSS has stated that the applicant
committed rape on her. It is further submitted that the victim is a major
girl aged about 20 years and 09 months as per certificate of High School.
It is further submitted that the medico-legal report of the victim does not
support the commission of rape on her though some injuries of finger nail
have been found on her forearm, however, there is no injury on her
private part. It is also submitted that the applicant has been languishing in
jail since 26.6.2026 and he is having no criminal history. It is lastly
submitted that in case the applicant is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
BAIL No. 29910 of 2026
2
4. Per contra, learned counsel for the firsts informant and learned A.G.A.
have vehemently opposed the prayer for bail but could not dispute the
aforesaid facts.
5. There is no allegation of rape in the FIR, however, the victim in her
statement recorded under Sections 180 and 183 BNSS has stated that the
applicant committed rape on her. The victim is a major girl aged about 20
years and 09 months as per certificate of High School and the medico-
legal report of the victim does not support the commission of rape on her
though some injuries of finger nail have been found on her forearm,
however, there is no injury on her private part. The applicant has been
languishing in jail since 26.6.2026 and he is having no criminal history.
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- Farman Ahmad 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
BAIL No. 29910 of 2026
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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
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 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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