Allahabad High Court
ATUL KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed bail to the applicant, subject to bond and sureties.
Summary
The applicant, Atul Kumar, sought bail in a criminal case (Crime No. 266 of 2026) involving sections 64(1), 115(2), 352 and 351(3) of the BNS. He argued that the allegations arose from a consensual relationship and that the victim's testimony lacked credibility, also highlighting an unexplained five‑day delay in lodging the FIR. The court noted the applicant had been in judicial custody since 27‑06‑2026 and considered his three prior cases, which were explained. After evaluating the nature of the offence, the severity of the prescribed punishment, and the period already served, the bench found the case suitable for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a case under sections 64(1), 115(2), 352 and 351(3) of the BNS.
- Whether the five‑day delay in filing the FIR and the alleged consensual nature of the relationship affect the bail decision.
- Whether the applicant's prior criminal history precludes the grant of bail.
Legislation cited
- BNS — s. 115(2), 351(3), 352, 64(1)
Subjects
- bail
- criminal procedure
- consensual relationship
- FIR delay
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33277 of 2026
Atul Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjali Singh Tomer, Inder Pal Singh
Tomar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Anjali Singh Tomer, learned counsel for the applicant and Sri
R.P. Patel, learned State Law Officer and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 266 of 2026, under Sections
64(1), 115(2), 352, 351(3) of BNS, Police Station - Sasni, District -
Aligarh, during the pendency of trial.
4. It is submitted that the allegations stem from a consensual relationship,
and the narrative put forth by the victim lacks credibility. Attention of the
Court has been drawn to the fact that there is an unexplained delay of about
five days in lodging the FIR. It is further submitted that the applicant's
criminal history, comprising three previous cases, has been duly explained.
Given that the applicant has been in judicial custody since 27.06.2026, it is
prayed that he may be enlarged on bail.
5. Considering the facts and circumstances of the case, the submissions
advanced by the learned counsel for the parties, the nature of the offence, the
severity of the prescribed punishment, and also taking into account the
period of incarceration already undergone by the applicant, this Court, prima
facie, finds it a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Atul
Kumar, be released on bail on furnishing a personal bond and two sureties
BAIL No. 33277 of 2026
2
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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 18, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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