Allahabad High Court
DEEPAKversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Deepak, accused in Crime No. 210 of 2026 under several sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to outraging modesty and sexual assault. The applicant argued that the victim’s statements under Sections 180 and 183 were inconsistent, the medical report showed no injuries, and the co‑accused had already been released on bail, creating parity. The State opposed bail but did not dispute the factual contentions. After reviewing the FIR, victim statements, medical report, and the earlier bail order for the co‑accused, the Court, without expressing a view on the merits, held that the applicant was entitled to bail. Accordingly, the bail was granted with a personal bond, sureties and several conditions, and procedural directions were issued for his release.
Issues considered
- Whether the applicant is entitled to bail despite the nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether inconsistencies in the victim’s statements and the absence of medical injuries create sufficient doubt to justify bail.
- Whether the bail granted to a co‑accused creates a parity ground for granting bail to the applicant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 180, 183, 333, 351(3), 352, 64(1), 74
Subjects
- bail
- Bharatiya Nyaya Sanhita
- sexual offences
- parity
- medical evidence
- co-accused
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31128 of 2026
Deepak
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kuldeep Tripathi, Shiv Shanker Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shiv Shanker Mishra, counsel for the applicant, Sri D.P.S.
Chauhan, 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 during trial in Case Crime No. 210 of 2026, under Sections
74, 115(2), 352, 351(3), 333, 64(1) of the Bharatiya Nyaya Sanhita (BNS),
2023, Police Station Chandausi, District Sambhal.
3. Counsel for the applicant submitted that though in the FIR allegation of
entering the house of the victim and outraging her modesty has been made,
however, the victim in her statement recorded under Section 180 and 183
changed the version and also made allegation of rape prior to the date of
incident by the applicant on 26.06.2025 and by co-accused on 25.06.2026. It
is further submitted that the medical examination report does not show any
mark of injury or any sign of sexual assault. The correct fact is that on a
petty issue, a scuffle took place between the applicant and co-accused with
the father of the victim and the victim by making exaggerating in her
statement recorded under Section 180 and 183 BNSS introduced allegation
of rape. The above fact creates doubt over the prosecution story. It is further
submitted that co-accused Gopal @ Munna @ Nanhe has already been
released on bail by a coordinate Bench of this Court in Criminal Misc.
Bail Application No. 28999 of 2026 vide order dated 25.08.2026.
Therefore, the applicant is also entitled to be released on bail on the
ground of parity It is further submitted that the applicant has explained the
criminal history of five cases. It is further submitted that charge sheet has
BAIL No. 31128 of 2026
2
been filed in the present case, therefore, there is no requirement of custodial
interrogation. The applicant is a law abiding citizen and he is languishing in
jail since 09.07.2026. 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 but
could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the allegation of FIR as
well as statement of the victim recorded under Section 180 and 183 BNSS;
also taking into account the medical examination report of the victim
coupled with the fact that co-accused Gopal @ Munna @ Nanhe has
already been released on bail by a co-ordinate bench of this Court and
keeping in view the nature of offence, evidence, complicity of accused 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. Accordingly, the bail
application is allowed.
6. 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.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
v. The applicant shall mark his presence at the concerned police station on
BAIL No. 31128 of 2026
3
first day of every month between 11:00 A.M. to 12:00 noon.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
10. 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.
11. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or on e-prison portal and Trial
Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 11, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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