Allahabad High Court

VISHALversusSTATE OF U.P.

Decided: 22 September 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The court granted bail to the applicant, finding that the circumstances warranted release on bail pending trial.

Summary

Vishal, the brother‑in‑law of the alleged victim, was arrested in a case (Crime No. 181 of 2026) alleging that he and his father disrobed the victim and attempted rape during a property dispute. The victim and her husband, who is also a witness, later testified that the incident was a scuffle without any attempt at rape, and a medical examination corroborated this version. The applicant has no prior criminal record and a charge‑sheet has already been filed, but he has been in custody since 1 September 2026. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents concerning bail, the overcrowding of prisons, and the nature of the offence, the High Court held that the applicant is entitled to bail, subject to standard conditions and sureties.

Issues considered

Whether bail should be granted to the accused in a case involving alleged rape and other offences under Sections 74, 76, 351(3), 115(2), 62 and 64(2)(च) of the Indian Penal Code.
Whether the existence of a charge‑sheet and the applicant’s lack of prior criminal record justify bail despite the seriousness of the allegations.

Legislation cited

Indian Penal Code — s. 115(2), 351(3), 62, 64(2)(च), 74, 76

Subjects

bail
rape allegation
property dispute
Indian Penal Code
overcrowded prisons
criminal procedure
sureties
court precedent

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 34046 of 2026

Vishal
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Sunil Kumar Dubey
Counsel for Opposite Party(s) : G.A.

Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant,
Sri Ram Kumar Verma, 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 in Case Crime No. 181 of 2026, Under Sections-
74, 76, 351(3), 115(2), 62, 64(2)(च) B.N.S., Police Station-Babrala,
District-Sambhal, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that applicant is
the brother-in-law (dewar) of the victim and the FIR was lodged by
the victim with an allegation that the applicant and his father after
disrobing her, tried to commit rape and when her husband came on
the spot, only then they left her.

4. Learned counsel for the applicant has submitted that in the
statements recorded u/s 180 BNSS and 183 BNSS, the victim
admitted this fact that it was simply a scuffling and no rape was
committed and even the husband of the victim, who was FIR witness
also admits this fact that over a property dispute, the applicant at the
instigation of his father, scuffled with the victim and disrobed her
during scuffling and there was no allegation of committing rape and
medical examination also shows that it was a simply a case of
scuffling. It is further submitted that there is property dispute between
the applicant and the husband of the victim, over that reason a
quarrel took place but the victim girl while exaggerating the allegation
lodged the present FIR. 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
BAIL No. 34046 of 2026
2

custodial interrogation. The applicant is languishing in jail since
01.09.2026. In case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.

5. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.

6. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail 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 present application is allowed.

7. Let the applicant- Vishal, 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.

8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.

9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
BAIL No. 34046 of 2026
3

10. Verification of mobile number and Aadhaar card of the applicant
as well as sureties should be verified by the court concerned.

11. 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.

12. 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.

13. Office is directed to send a copy of this order to the applicant
through Moradabad 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.

September 23, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)

Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad

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