Allahabad High Court

ATISH 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 Allahabad High Court considered a bail application filed by Atish Kumar, who was arrested in a gang‑rape case (Crime No. 120 of 2026). The applicant claimed false implication, citing a delayed FIR, lack of injuries on the victim’s private parts, and an earlier grievance filed by the victim’s grandfather that did not result in an FIR. The State opposed bail, relying on the FIR and the victim’s statements under Sections 180 and 183 of the CrPC. The court, noting the applicant’s clean record, the absence of medical evidence of rape, overcrowded jails, and Supreme Court precedents (Kapil Wadhawan 2025, Maya Tiwari 2024, and the 2023 bail policy case), granted bail without commenting on the merits. The order released the applicant on personal bond with two sureties and imposed standard bail conditions.

Issues considered

Whether bail should be granted in a serious offence such as alleged gang rape pending trial
Whether the delay in filing the FIR and lack of medical evidence of rape justify bail
Whether the applicant’s claim of false implication and clean criminal record affect the bail decision
Application of Supreme Court guidelines on bail in the context of overcrowded prisons

Legislation cited

Code of Criminal Procedure, 1973 — s. 180, 183, 351(3), 70(1)

Subjects

bail
gang rape
false implication
Criminal Procedure Code
overcrowded jails
Supreme Court guidelines

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29944 of 2026

Atish Kumar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Janardan Yadav
Counsel for Opposite Party(s) : G.A., Rajesh Kumar Yadav

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

1. List revised. Heard Sri Janardan Yadav, learned counsel for the
applicant and Sri Ashish Kumar Tripathi, learned A.G.A. for the
State and Sri Rajesh Kumar Yadav, learned counsel for the first
informant. Supplementary affidavit filed today is taken on record.

2. The instant bail application has been filed with a prayer to
release the applicant on bail in Case Crime No. 120 of 2026, under
Sections 70(1), 351(3) BNS, Police Station Jahanaganj, District
Azamgarh, 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 the
FIR has been lodged after two days and prior to the lodging of the
present FIR, an application was given by the grandfather of the
victim alleging therein that some incident took place on 28.5.2026
and on that application three more accused persons were named,
however, no FIR has been lodged on the basis of said application.
It is submitted that as per FIR the applicant and five other persons
are said to have committed gang rape on the victim aged about 18
years, however, medico-legal report of the victim does not support
the commission of rape on her as no injury has been found on her
private part. It is further submitted that the victim appeared before
the trial Court for examination and the prosecutor was not ready to
get her examined, then she filed an application before the trial
BAIL No. 29944 of 2026
2

Court stating therein that the applicant and other co-accused
persons are innocent and the said applicant has been filed along
with supplementary affidavit. It is also submitted that the applicant
has been languishing in jail since 1.6.2026 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.

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 as per the
contents of the FIR as well as the statement of the victim recorded
under Sections 180 and 183 BNSS, the applicant and five other co-
accused persons committed gang rape on the victim.

5. FIR has been lodged after two days and the alleged incident
took place on 29.5.2026 and the FIR has been lodged on
31.5.2026 and victim has been medico-legally examined on
1.6.2026. Prior to the lodging of the FIR, an application was filed by
the grandfather of the victim before the police station alleging
therein six named persons of the present case and three more
persons altogether nine persons committed gang rape on the
victim on 28.5.2026, however, no FIR has been lodged on the
basis of said application. Medico-legal report of the victim does not
support the allegation of rape as no injury has been found on her
private part though some injury has been found on her elbow joint.
The applicant has been languishing in jail since 1.6.2026 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
BAIL No. 29944 of 2026
3

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- Atish 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 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.
BAIL No. 29944 of 2026
4

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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