Allahabad High Court
ASHISHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the accused on the basis of a prima facie case and the circumstances of the complaint.
Summary
The High Court considered a bail application filed by Ashish, accused in Crime No. 420 of 2026 under IPC sections 87, 64(1), 115(2), 352 and 351(2). The victim, a 19‑year‑old woman, had travelled with the applicant, stayed at his house and, in a statement recorded under Section 183 of the Evidence Act, appeared to consent to the alleged act. No medical evidence corroborated the allegations. Weighing the applicant’s age (26), the victim’s statement, and the lack of forensic proof, the Court found a prima facie case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order does not prejudice the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under IPC sections 87, 64(1), 115(2), 352 and 351(2) given the victim's statement of consent and absence of medical evidence.
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 115(2), 351(2), 352, 64(1), 87
Subjects
- bail
- consent
- sexual assault
- victim age
- medical evidence
- Indian Penal Code
- evidence
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33348 of 2026
Ashish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Yadav, Ravindra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rahul Yadav, learned counsel for the applicant, Sri D.K. Singh,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 420 of 2026, under Sections 87,
64(1), 115(2), 352, 351(2) BNS, Police Station Kairana, District Shamli,
during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the age of the victim being 19 years, the age of the applicant
being 26 years; the statement of the victim recorded u/s 183 BNSS, whereby
she seems to be consenting party, as she had travelled with the applicant on
motorcycle and even stayed at his house and did not raise any alarm during
the said sojourn and stay; there being 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.
Accordingly, the bail application is allowed.
5. Let the applicant- Ashish, who is involved in aforementioned case 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 subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
BAIL No. 33348 of 2026
2
required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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