Allahabad High Court

AMIT @ AMIT KUMARversusSTATE OF U.P.

Decided: 17 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The Court held that the applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Amit Kumar, who was arrested in Crime No. 97 of 2026 under sections 3(5), 69, 115(2) and 352 of the B.N.S. The allegations involved establishing a physical relationship on a false promise of marriage and alleged rape, but the victim’s statements under sections 180 and 183 of the Evidence Act were contradictory, and the medico‑legal report showed no injuries. The applicant asserted that he had no prior criminal record and had been in custody since 9 June 2026. The State opposed bail, citing the seriousness of the offence. Relying on Supreme Court precedents concerning bail, jail overcrowding, and the need for a fair trial, the Court held that the applicant was entitled to bail, subject to standard conditions and verification of sureties.

Issues considered

Whether bail should be granted to the accused despite the nature of the alleged offences and contradictory evidence
Whether the contradictions in the victim’s statements and lack of medico‑legal injury affect the bail decision
Whether the principles laid down in recent Supreme Court judgments on bail and jail overcrowding apply

Legislation cited

B.N.S. — s. 115(2), 3(5), 352, 69
Indian Evidence Act, 1872 — s. 180, 183

Subjects

bail
false promise of marriage
rape allegation
contradictory statements
medico‑legal report
jail overcrowding
Supreme Court bail guidelines
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29919 of 2026

Amit @ Amit Kumar
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Sushil Kumar Rathore
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Sushil Kumar Rathore, learned counsel for the applicant
and Shri O.P. Singh, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 97 of 2026, under Sections 3(5), 69,
115(2), 352 of B.N.S., Police Station Ata, District Jalaun, 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 there are
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS as the victim in her statement recorded under
Section 180 BNSS has stated that she came in contact with the applicant
and fell in love with the applicant and the applicant established physical
relationship with her on the false promise of marriage, whereas, the
victim in her statement recorded under Section 183 BNSS has stated that
the applicant established physical relationship without her consent. It is
further submitted that the medico legal report does not support the
allegation of commission rape on her and no injury has been found on her
private parts. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
09.06.2026, in case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
BAIL No. 29919 of 2026
2

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.

5. As per first information report, the applicant is said to have established
physical relationship with her on the false promise of marriage,
however, there are material contradictions in the statement of the victim
recorded under Sections 180 and 183 BNSS as the victim in her statement
recorded under Section 180 BNSS has stated that she came in contact
with the applicant and fell in love with the applicant and the applicant
established physical relationship with her on the false promise of
marriage, whereas, the victim in her statement recorded under Section 183
BNSS has stated that the applicant established physical relationship
without her consent. It is further submitted that the medico legal report
does not support the allegation of commission rape on her and no injury
has been found on her private parts. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 09.06.2026.

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- Amit @ Amit Kumar 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
BAIL No. 29919 of 2026
3

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.

12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Jalaun 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
RKM

Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad

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