Allahabad High Court
DEEPAKversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Deepak, who was arrested in a rape case (Crime No. 115 of 2026) under Section 69 of the B.N.S. The applicant claimed false implication, arguing that the victim's statement under Sections 180 and 183 BNSS indicated a consensual relationship and that the medico‑legal report did not support a rape allegation. The State opposed bail, but the Court, noting the lack of incriminating material, the applicant’s clean record, the overcrowded jails, and recent Supreme Court and High Court precedents on bail, decided to grant bail without commenting on the merits. The order directed the applicant to furnish a bond with two sureties and imposed standard bail conditions. The bail order was to be communicated through the Bail Order Management System and the applicant notified via e‑prison portal.
Issues considered
- Whether bail should be granted in a rape case where the evidence suggests a consensual relationship and lack of incriminating material.
- Whether the applicant’s right to liberty outweighs the seriousness of the alleged offence in view of jail overcrowding and pendency of trials.
- How the Supreme Court guidelines in Kapil Wadhawan v. CBI and the High Court guidelines in Maya Tiwari v. State of U.P. apply to the grant of bail.
Legislation cited
Subjects
- bail
- rape allegation
- false implication
- consensual relationship
- overcrowded jails
- trial pendency
- bail conditions
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29961 of 2026
Deepak
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pulak Ganguly, Vidya Sagar Rajbhar
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ravi Bhushan Singh, holding brief of Shri Pulak Ganguly,
learned counsel for the applicant and Shri Radhey Shyam, 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. 115 of 2026, under Section 69 of
B.N.S., Police Station Surauli, District Deoria, 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 the victim is
a major lady aged about 23 years and as per allegations in the first
information report, the applicant is said to have established physical
relationship with the victim on the false promise of marriage. It is further
submitted that the medico legal report does not support the allegation of
commission rape on her and on perusal of the statement of the victim
recorded under Sections 180 and 183 BNSS, it appears that she was in
consensual relationship with the applicant. It is further submitted that the
applicant is having no criminal history and the applicant has been
languishing in jail since 24.06.2026, in case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
BAIL No. 29961 of 2026
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5. As per first information report, the applicant is said to have established
physical relationship with the victim on the false promise of marriage,
however, on perusal of the statement of the victim recorded under
Sections 180 and 183 BNSS, it appears that she was in consensual
relationship with the applicant and her medico legal report does not
support the allegation of commission of rape on her. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 24.06.2026.
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- Deepak 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.
BAIL No. 29961 of 2026
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(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, Deoria 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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