Allahabad High Court
RAJKUMAR VERMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Rajkumar Verma in a criminal case (Crime No. 318 of 2026) involving offences under Sections 115(2), 351(3) of the B.N.S., 5(m)/6 of the P.O.C.S.O. Act and 3(2)(v) of the S.C./S.T. Act. The applicant pleaded innocence, arguing that the FIR was filed more than a day after the alleged incident, lacked medical corroboration, and was motivated by personal vendetta. The State opposed bail, but the court noted the delay in filing the FIR and the absence of medical evidence, finding a prima facie case for bail. Without expressing an opinion on the merits, the court held that the applicant satisfied the criteria for bail. Consequently, the court ordered his release on bail subject to a personal bond, two sureties, and standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether the delay in filing the FIR and lack of medical evidence justify granting bail
- Whether the nature of the offences under the cited statutes warrants denial of bail
- Whether the applicant's claim of false implication and lack of criminal history affect bail eligibility
Legislation cited
- B.N.S. — s. 115(2), 351(3)
- P.O.C.S.O. Act — s. 5(m), 6
- S.C./S.T. Act — s. 3(2)(v)
Subjects
- bail
- delay in FIR
- medical corroboration
- false implication
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32922 of 2026
Rajkumar Verma
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Ali Imam
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.20 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 30.07.2026.
2. Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.318 of 2026, under Sections
115(2), 351(3) B.N.S., 5(m)/6 P.O.C.S.O. Act and 3(2)(v) S.C./S.T. Act,
Police Station Nandgram, District Ghaziabad, 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 more than one day, and there is no explanation for the said
delay. There is no medical corroboration of the incident. The allegations are
per se false. The applicant has simply been made an accused out of
vengeance, as the victim is the nephew of the applicant. The story as
narrated cannot be believed. The applicant has no criminal history and is in
jail since 02.06.2026. 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 the
submissions raised by the learned counsel for the applicant could not be
disputed.
BAIL No. 32922 of 2026
2
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 F.I.R. and the absence of
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- Rajkumar Verma, be released on bail in the
aforementioned case crime 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.)
September 16, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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