Allahabad High Court
SAURABH GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant is entitled to bail and allowed the bail application.
Summary
Saurabh Gupta was arrested in connection with a case involving alleged outraging of modesty that was later escalated to rape under Sections 75(1)(i), 333, 351(3), 65(2) of the IPC and Sections 5m/6, 9m/10 of the POCSO Act. The applicant contended that the FIR was filed three days after the incident, there was no medical evidence, and he was falsely implicated. He had no prior criminal record and had been in custody since 18‑06‑2025. The State opposed bail but did not dispute the applicant’s submissions. The court, noting the FIR delay and lack of medical corroboration, found a prima facie case for bail and ordered his release on personal bond and sureties with standard conditions. The bail order is subject to cancellation if conditions are breached, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused despite serious charges under the IPC and POCSO Act, considering the delay in filing the FIR and absence of medical evidence.
Legislation cited
- Indian Penal Code — s. 333, 351(3), 65(2) BNS, 75(1)(i)
- Protection of Children from Sexual Offences Act, 2012 — s. 5m/6, 9m/10
Subjects
- bail
- criminal procedure
- FIR delay
- lack of medical evidence
- POCSO
- sexual offences
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31415 of 2025
Saurabh Gupta
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajiv Dwivedi, Sriprakash Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.154 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 13.09.2025, but none is present on behalf of
the informant.
2. Heard Sri Rajiv Dwivedi, learned counsel for the applicant, Sri Abhishek
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.121 of 2025, under Sections
75(1)(i), 333, 351(3), 65(2) BNS and 5m/6, 9m/10 POCSO Act, Police
Station- Pahadi, District- Chitrakoot, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about 3 days, and there is no explanation for the said
delay. As per the FIR, the allegations were only of outraging modesty, but
the same have been escalated to that of rape in the statements of the victims
recorded under Sections 180 and 183 BNSS as an afterthought. There are
two victims. There is no medical corroboration of the incident; rather, the
injury report indicates otherwise. The applicant has no criminal history and
is in jail since 18.06.2025. He undertakes to cooperate with the trial and not
misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
BAIL No. 31415 of 2025
2
not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay in the institution of the FIR and the fact that there is
no medical corroboration of the incident, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Saurabh Gupta, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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