Allahabad High Court
RITESH PALversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Ritesh Pal, who is charged under Sections 64(2)m, 351(3), 352 BNS of the IPC and Section 66(E) of the Information Technology Act for an alleged rape that was reported in an FIR two years after the incident. The applicant contended that the victim, a married adult, had consented to a relationship based on a false promise of marriage, that the medico‑legal report did not support a rape charge, and that extensive call records and the nature of the electronic evidence indicated no criminal intent. The State argued that the victim’s statements under Sections 180 and 183 of the CrPC alleged rape, threats, and that video material seized from the victim’s phone implicated the accused. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v State UP) and the need to decongest jails, the Court granted bail without expressing an opinion on the merits, imposing standard conditions to prevent tampering and ensure cooperation. The order directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted in a case involving alleged rape and offences under the IT Act given the seriousness of the allegations.
- Whether the two‑year delay in lodging the FIR and the claim of the victim’s consent affect the applicant’s eligibility for bail.
- Whether the provisions of the Information Technology Act are attracted by the electronic evidence.
- Whether the applicant poses a risk of tampering with evidence or committing further offences if released on bail.
Legislation cited
- Indian Penal Code — s. 351(3), 352 BNS, 64(2)m
- Information Technology Act — s. 66(E)
Subjects
- bail
- rape
- false promise of marriage
- delay in FIR
- Information Technology Act
- Supreme Court bail guidelines
- jail overcrowding
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30672 of 2026
Ritesh Pal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Suraj Kumar Singh
Counsel for Opposite Party(s): G.A., Om Narayan Mishra, Shitla
Prasad Chaubey
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised. Heard Sri Suraj Kumar Singh, learned counsel for
the applicant and Sri O.P. Singh, learned A.G.A. for the State and
Sri Shitla Prasad Chaubey, 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. 169 of 2026, under
Sections 64(2)m, 351(3), 352 BNS and Section 66(E) of I.T. Act,
Police Station Mirzamurad, District Varanasi, 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 a considerable delay of two years and
on perusal of the contents of the FIR as well as the statement of
the victim recorded under Sections 180 and 183 BNSS, it appears
that she is a consenting party and as per FIR the applicant is said
to have established physical relationship on the false promise of
marriage. It is further submitted that the victim is a major married
lady having children. It is further submitted that the medico-legal
report of the victim does not support the commission of rape on
her. It is further submitted that call detail records of the applicant
and the victim have been recovered during investigation and it has
been found that 1000 calls were made between them during the
BAIL No. 30672 of 2026
2
period of two months. It is further submitted that alleged photos
and videos has been submitted by the husband of the victim in a
pen drive which has been collected from the mobile phone of the
victim, therefore, the provisions of I.T. Act would not be attracted.
It is also submitted that the applicant has been languishing in jail
since 21.6.2026 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 firs informant and learned
A.G.A. have vehemently opposed the prayer for bail and it is
submitted that the victim in her statement recorded under Sections
180 and 183 BNSS has stated that the applicant committed rape
on her after extending threat to kill her husband and children and
the applicant has also recorded the videos of the alleged incident
and the said videos and photos have been obtained from the
mobile phone of the victim and the same have been collected by
the I.O. for further examination.
5. As per the allegation in the FIR which has been lodged after a
considerable delay, the applicant is said to have established
physical relationship with the victim on the false promise of
marriage. The victim is a major married lady having children and it
is submitted that on perusal of the contents of the FIR as well as
the statement of the victim recorded under Sections 180 and 183
BNSS, it appears that she is a consenting party. The medico-legal
report of the victim does not support the commission of rape on
her. During investigation, call detail records of the applicant and
the victim have been recovered and it has been found that 1000
calls were made between them during the period of two months. T
he applicant has been languishing in jail since 21.6.2026 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
BAIL No. 30672 of 2026
3
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- Ritesh Pal 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
BAIL No. 30672 of 2026
4
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.
September 23, 2026
Abhishek
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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