Allahabad High Court
FAIZAL @ FAIZULversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to bail, subject to the usual bond and surety conditions.
Summary
The High Court considered a bail application filed by Faizal @ Faizul, who was arrested in a case under Sections 137(2) and 65(1) of the BNS and Sections 3 and 4 of the POCSO Act. The applicant claimed false implication, highlighted contradictions in the victim’s statements, and argued that medical evidence did not support a rape allegation, while also noting his lack of criminal history and prolonged pre‑trial detention. The State opposed bail, emphasizing the minor status of the victim and the seriousness of the alleged offence. Relying on Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs State of U.P.) and the policy of decongesting jails, the Court held that bail could be granted without expressing a view on the merits. Consequently, the bail application was allowed subject to standard bond conditions and verification procedures.
Issues considered
- Whether bail may be granted to an accused charged under Sections 137(2), 65(1) of the BNS and Sections 3/4 of the POCSO Act despite the alleged nature of the offence.
- Whether contradictions in the victim’s statements and the medico‑legal report affect the suitability of bail.
- Whether the applicant’s lack of prior criminal record and the problem of jail overcrowding justify bail.
Legislation cited
Subjects
- bail
- POCSO
- minor victim
- contradictory evidence
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31773 of 2026
Faizal @ Faizul
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sandeep Kumar Gupta, learned counsel for the applicant and
Sri B.P. Maurya, 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. 215 of 2026, under Sections 137(2),
65(1) of BNS and Section 3/4 of POCSO Act, Police Station Jalesar,
District Etah, during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and there are
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS. It is further submitted that the age of the
victim has been found to be 15 to 16 years as per her radio-logical
examination and 14 years and 08 months as per school record, however,
there is no mention of any class in which she was studying. It is further
submitted that 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 26.5.2026 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.
BAIL No. 31773 of 2026
2
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail,
however, it is submitted that the the victim is a minor girl aged about 15
to 16 years as per her radio-logical examination and 14 years and 08
months as per school record.
6. As per the allegation in the FIR, the applicant is said to have enticed
away the daughter of the first informant aged about 16 years, however,
the victim has been recovered. There appears to be material contradictions
in the statement of the victim recorded under Sections 180 and 183
BNSS. The age of the victim has been found to be 15 to 16 years as per
her radio-logical examination and 14 years and 08 months as per school
record, however, there is no mention of any class in which she was
studying. The medico-legal report of the victim does not support the
commission of rape on her. The applicant has been languishing in jail
since 26.5.2026 and he is having no criminal history.
7. 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.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Faizal @ Faizul 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. 31773 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.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. 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.
12. 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.
13. 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 30, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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