Allahabad High Court
AKASHversusSTATE OF U.P.
- Decided
Holding
The court held that the contradictions in the victim’s statements, absence of medical proof, and the applicant’s clean record warranted granting bail despite the seriousness of the charges.
Summary
The High Court considered a bail application filed by Akash, accused in a case involving alleged rape and other offences under the IPC. The applicant claimed he was falsely implicated, pointing to contradictions in the victim’s statements recorded under Sections 180 and 183 of the CrPC and the lack of supporting medical evidence. The State opposed bail but did not dispute the factual contentions. Relying on Supreme Court precedents concerning bail, overcrowded jails, and the need to assess the strength of evidence, the court found that the applicant’s clean record and the evidentiary doubts justified release on bail. Consequently, the bail was granted subject to standard conditions and verification of sureties.
Issues considered
- Whether bail should be granted to an accused facing serious offences such as rape when there are contradictions in the victim’s statements and no medical evidence of assault.
- Whether the accused can be considered a false implicate and a consenting party, affecting the bail decision.
- How Supreme Court guidelines on bail, overcrowded prisons, and trial pendency apply to this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180, 183
- Indian Penal Code — s. 127(2), 308(2), 351(2), 64(2)(f), 77, 87
Subjects
- bail
- rape
- Indian Penal Code
- Criminal Procedure Code
- evidence contradictions
- overcrowded prisons
- Supreme Court precedent
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31041 of 2026
Akash
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashish Pandey, learned counsel for the applicant and Sri O.P.
Singh, learned A.G.A. for the State.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 223 of 2026, under Sections 87,
64(2)(f), 77, 127(2), 308(2), 351(2) BNS, Police Station Quarsi, District
Aligarh 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 on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS
and other attending facts and circumstances of the case, it appears that she
is a consenting party and there are material contradictions in the statement
of the victim recorded under Sections 180 and 183 BNSS as she in her
statement under Section 180 BNSS has stated that the applicant recorded
her video while she was taking bath and on showing the said video the
applicant and his brother committed rape on her whereas in her statement
under Section 183 BNSS she has stated that the applicant enticed her
away and took her to Delhi and committed rape on her. It is further
submitted that the victim is a major married lady and the medico-legal
report of the victim does not support the commission of rape on her. It is
also submitted that the applicant has been languishing in jail since
21.7.2026 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
BAIL No. 31041 of 2026
2
and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.
5. As per the allegation in the FIR which has been lodged by the husband
of the victim, the applicant is said to have enticed away the victim,
however, the victim has been recovered. It is submitted that on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS
and other attending facts and circumstances of the case, it appears that she
is a consenting party. There appears to be material contradictions in the
statement of the victim recorded under Sections 180 and 183 BNSS. The
victim is a major married lady and the medico-legal report of the victim
does not support the commission of rape on her. The applicant has been
languishing in jail since 21.7.2026 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 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- Akash 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
BAIL No. 31041 of 2026
3
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
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.
(Jitendra Kumar Sinha,J.)
September 24, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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