Allahabad High Court
FAIZANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court granted bail to the applicant, holding that he is entitled to release on bail pending trial.
Summary
The High Court considered a bail application filed by Faizan, accused in a case of alleged gang rape of a 13-year‑10‑month‑old girl under the POCSO Act and several sections of the CrPC. The applicant claimed false implication, citing contradictions between the victim’s statements under Sections 180 and 183 of the Evidence Act, and noted that the victim refused a medico‑legal examination. The State opposed bail, emphasizing the seriousness of the offence and the victim’s minor status. The Court, referring to the Apex Court’s guidelines in Kapil Wadhawan v. CBI and its own precedent in Maya Tiwari v. State of U.P., held that the applicant’s right to bail outweighed the concerns, especially given his lack of prior criminal history and jail overcrowding. Consequently, the bail application was allowed subject to strict conditions.
Issues considered
- The applicant’s right to bail despite being charged with gang rape of a minor under the POCSO Act.
- Whether contradictions in the victim’s statements and refusal of medical examination justify denial of bail.
- Impact of jail overcrowding and pendency of cases on the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 64(2)M, 65(1), 87
- Indian Evidence Act, 1872 — s. 180, 183
- Protection of Children from Sexual Offences Act, 2012 — s. 5(l), 6
Subjects
- bail
- gang rape
- minor
- POCSO Act
- contradictory statements
- jail overcrowding
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29914 of 2026
Faizan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sadrul Islam Jafri, Sr. Advocate
Counsel for Opposite Party(s): Anubhav Mishra, Dhiraj Singh,
G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised. Heard Miss Samra Usmani, holding brief of Sri N.I.
Jafri, learned Senior counsel for the applicant and Sri Ashish
Kumar Tripathi, learned A.G.A. for the State and Sri Anubhav
Mishra, 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. 75 of 2026, under
Sections 137(2), 87, 64(2)M, 65(1) BNS and Sections 5(L)/6 of
POCSO Act, Police Station Kuwargaon, District Budaun, 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
are material contradictions in the statement of the victim recorded
under Sections 180 and 183 BNSS as she in her statement under
Section 180 BNSS has stated that the she had left her home on
her free will and had gone with the applicant and the applicant
established physical relationship with her on her consent whereas
in her statement under Section 183 BNSS she has stated that the
applicant and three other persons committed gang rape on her. It
is further submitted that the age of the victim has been found to be
13 years and 10 months as per the certificate of school first
attended. It is further submitted that the victim has refused to
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2
undergo medico-legal examination. It is also submitted that the
applicant has been languishing in jail since 27.5.2026 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.
4. Per contra, learned counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts, however, it is submitted that the victim
is a minor girl aged about 13 years and 10 months as per
the certificate of school first attended and the victim in her
statement recorded under Section 183 BNSS has stated that the
applicant and three other persons committed gang rape on her.
5. As per the allegation in the FIR, the applicant and three other
persons are said to have enticed away the daughter of the first
informant, however, the victim has been recovered. There appears
to be some material contradictions in the statement of the victim
recorded under Sections 180 and 183 BNSS as she in her
statement under Section 180 BNSS has stated that the she had left
her home on her free will and had gone with the applicant and the
applicant established physical relationship with her on her consent
whereas in her statement under Section 183 BNSS she has stated
that the applicant and three other persons committed gang rape on
her. The age of the victim has been found to be 13 years and 10
months as per the certificate of school first attended and the victim
has refused to undergo medico-legal examination. The applicant
has been languishing in jail since 27.5.2026 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
BAIL No. 29914 of 2026
3
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- Faizan 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.
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.
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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.
September 18, 2026
Abhishek
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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