Allahabad High Court
KAUSHALversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that, notwithstanding the gravity of the alleged offence, the applicant is entitled to bail because the evidence is insufficient, he has no criminal history, and the Supreme Court’s bail guidelines and jail‑overcrowding concerns apply.
Summary
The High Court of Allahabad considered a bail application filed by Kaushal, who is accused of raping a minor under Sections 65(1), 123(1), 351(3) of the B.N.S. and Section 4(2) of the POCSO Act. The applicant argued that he was falsely implicated, that the medico‑legal report did not support the rape allegation, and that he has no prior criminal record. The prosecution relied on the victim’s statements and the fact that the victim was a minor aged 15‑16 years. The Court noted the absence of incriminating material, the applicant’s clean record, and the Supreme Court’s recent guidelines on bail, especially in the context of jail overcrowding. It therefore granted bail without expressing an opinion on the merits, subject to a personal bond, sureties and strict conditions. The order also directed verification of identity documents and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to an accused of rape of a minor under the POCSO Act and B.N.S. provisions when the evidence is alleged to be insufficient.
- Whether the applicant’s claim of false implication and lack of prior criminal history justify bail despite the seriousness of the offence.
- How the Supreme Court’s recent precedents on bail and considerations of jail overcrowding influence the decision.
Legislation cited
Subjects
- bail
- rape
- minor
- POCSO Act
- B.N.S.
- jail overcrowding
- Supreme Court precedent
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30888 of 2026
Kaushal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipan Kumar
Counsel for Opposite Party(s) : G.A., Sunil Kumar Srivastava
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Vipan Kumar, learned counsel for the applicant, Shri Sunil
Kumar Srivastava, learned counsel for the first informant and Shri Uma
Shankar Mishra, 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. 238 of 2026, under Sections 65(1),
123(1), 351(3) of B.N.S. and Section 4(2) of POCSO Act, Police Station
Kishni, District Mainpuri, 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 medico
legal report does not support the allegation of rape on her. It is further
submitted that the age of the victim has been found to be 15 years as per
school records of Class IX and the age of the victim has been found to be 16
years as per ossification test, however, there is no certificate of high school
or certificate of school first attended. It is further submitted that the
medico legal report does not support the allegation 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 03.06.2026, 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 counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail and it has been submitted by
BAIL No. 30888 of 2026
2
them that the victim is a minor girl aged about 15 years as per school
records of Class IX and the age of the victim has been found to be 16 years
as per ossification test and the victim in her statement recorded under
Sections 180 and 183 BNSS has stated that the applicant committed rape on
her.
5. As per first information report, the applicant is said to have committed
rape on the victim aged about 14 years, however, the medico legal report
does not support the allegation of rape on her. It is further submitted that the
age of the victim has been found to be 15 years as per school records of
Class IX and the age of the victim has been found to be 16 years as per
ossification test, however, there is no certificate of high school or
certificate of school first attended. It is further submitted that the medico
legal report does not support the allegation 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 03.06.2026.
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- Kaushal 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. 30888 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, Mainpuri 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.)
October 1, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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