Allahabad High Court

AJAY VERMAversusSTATE OF U.P.

Decided: 20 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to be released on bail during the pendency of the trial.

Summary

The High Court of Allahabad considered a bail application filed by Ajay Verma, who was charged under Sections 74, 76, 333 and 115(2) of the Indian Penal Code for alleged rape. The applicant claimed innocence, citing lack of medical evidence of assault and contradictions in the victim's statements recorded under Sections 180 and 183 of the Criminal Procedure Code. The State opposed bail, but the court, after weighing the nature of the offence, the evidence, and the applicant's clean criminal record, decided to grant bail without commenting on the merits. The bail was conditioned on a personal bond, two sureties, and strict undertakings not to tamper with evidence, intimidate witnesses, or commit a similar offence. The court also directed verification of sureties' identities and reserved the right to cancel bail for any breach of conditions.

Issues considered

Whether bail should be granted to an accused in a rape case pending trial.
Whether the seriousness of the alleged offence and the evidence presented preclude bail.
Whether the applicant's claim of innocence, lack of prior convictions, and the pendency of the trial justify bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 180, 183
Indian Penal Code — s. 115(2), 333, 74, 76

Subjects

bail
rape
false implication
evidence
sureties
trial pendency
court conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33544 of 2026

Ajay Verma
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Akhand Pratap Singh, Shobhit Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 769 of 2025, under Sections 74, 76, 333 and 115(2)
BNS, Police Station- Kotwali Nagar, District- Banda, during pendency of
the trial in the court below.

3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case due
to some ulterior motive. It is next submitted that applicant is having no
concern with the allegations levelled against him and he has not committed
any offence as alleged by prosecution. The allegation against the applicant is
that he committed rape with the informant. As per the medical examination
there is no injuries or any sign of sexual assault has been found on the
person of victim. There are several contradictions in the statement of the
victim recorded under Sections 180 and 183 BNSS. He further submitted
that after completing investigation, the investigating officer has submitted
charge sheet against the applicant. Applicant has no criminal history except
the present case. He next submitted that the applicant is languishing in jail
since 09.09.2026. It is also submitted that the applicant undertakes that he
will not misuse the liberty, if granted. It has also been pointed out that in the
wake of heavy pendency of cases in the Court, there is no likelihood of any
early conclusion of trial.
BAIL No. 33544 of 2026
2

4. The prayer for bail has been vehemently opposed by learned A.G.A.

5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel for
the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial.

6. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.

7. Let applicant, Ajay Verma be released on bail in the aforesaid case on his
executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed, unless
personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). 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.

8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

9. In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

10. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
BAIL No. 33544 of 2026
3

said observations shall have no bearing on the merits of the case during trial.

(Jai Prakash Tiwari,J.)
September 21, 2026
v.k. updh.

Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad

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