Allahabad High Court
KISHORIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Kishori, accused in Crime No. 60 of 2026 for offences including rape and assault under sections 115(2), 352, 351(3), 333 and 64 of the B.N.S. The FIR was lodged more than a month after the alleged incident via Section 173(4) and was based on a victim’s statements that initially described consent but later alleged forced rape; the victim, a married woman, refused a medical examination and her statements were said to be influenced by her husband, who had earlier filed a missing report on 15.12.2025. The applicant argued lack of medical evidence, contradictions in the victim’s statements, no prior criminal record and that a charge sheet had already been filed, rendering custodial interrogation unnecessary. The State opposed bail but did not dispute the factual matrix. Weighing the contradictions, the absence of forensic proof, and the nature of the offence without expressing a view on guilt, the Court held that the applicant was entitled to bail and ordered his release on personal bond with conditions. The bail order was issued on 11 September 2026.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the alleged offences
- Whether the contradictions in the victim’s statements and lack of medical evidence justify granting bail
- Whether the filing of a charge sheet obviates the need for custodial interrogation
Legislation cited
- B.N.S. — s. 115(2), 173(4), 180, 183, 333, 351(3), 352, 64
Subjects
- bail
- rape
- contradictory statements
- medical evidence
- Section 173(4)
- Section 180
- Section 183
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32357 of 2026
Kishori
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Narayan, Chandrakant
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Abhishek Narayan, 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. 60 of 2026, under Sections
115(2), 352, 351(3), 333, 64 of B.N.S., Police Station Saujana, District
Lalitpur.
3. Counsel for the applicant submitted that the FIR itself was lodged through
the process under Section 173(4) BNSS after more than one month. It is
further submitted that in the FIR as well as in the statements of the victim
recorded under Section 180 and 183 BNSS, it is clear that initially the victim
was a consenting party, but subsequently it is alleged that the applicant
forcibly committed rape upon the victim. However, the police report
submitted under Section 173(4) BNSS shows that initially a missing report
was lodged on 15.12.2025 by the husband of the victim while both were
living in Mathura, wherein it is also mentioned that the police recovered the
victim, who herself left the house along with the present applicant and
thereafter both of them returned to their village, and just to falsely implicate
the applicant, the present FIR has been lodged. It is further submitted that
there is no medical report showing any mark of injury or any sexual assault
as the victim herself refused to undergo medical examination. It is further
submitted that the victim is a married lady and the FIR has been lodged at
the instance of her husband and the statement of the victim has also been
BAIL No. 32357 of 2026
2
recorded under the influence of her husband. It is further submitted that the
applicant has no criminal history. It is further submitted that charge sheet has
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 12.06.2026. 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 A.G.A. for the State 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 police report
regarding earlier missing report dated 15.12.2025 lodged by the husband of
the victim; also taking int account the contradiction in the statements of the
victim recorded under Section 180 and 183 BNSS, coupled with the fact that
the victim herself refused to undergo medical examination 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- Kishori 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.
BAIL No. 32357 of 2026
3
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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