Allahabad High Court
DEVANAND GIRIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Devanand Giri, who is charged under Sections 376 and 506 of the IPC and Section 67B of the IT Act for alleged rape, criminal intimidation and publishing a video of the incident. The FIR was lodged more than two years after the alleged offence, and the applicant claimed the victim consented and that the video was merely shared. The State opposed bail, emphasizing the viral dissemination of the victim's images. The Court, noting the nature of the offences, the delay in filing the FIR, the applicant's custody since July 2025, jail overcrowding, and Supreme Court precedents (Kapil Wadhawan v CBI and Maya Tiwari v State of U.P.), granted bail without passing on the merits, imposing standard conditions. The bail order was issued with directions for verification of identities and prompt release through the Bail Order Management System.
Issues considered
- Whether the applicant is entitled to bail despite being charged with rape, criminal intimidation and offences under the IT Act.
- Whether the delay in lodging the FIR and alleged consent of the victim affect the bail decision.
- Whether jail overcrowding and Supreme Court bail guidelines warrant granting bail in this case.
Legislation cited
- Indian Penal Code — s. 376, 506
- Information Technology Act — s. 67, 77
Subjects
- bail
- rape
- criminal intimidation
- IT Act
- delay in FIR
- jail overcrowding
- consent
- video pornography
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34614 of 2025
Devanand Giri
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Shri Prakash Dwivedi, learned counsel for the applicant and
Sri Shiv Dutt Shukla, learned A.G.A. for the State.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 304 of 2025, under Sections 376, 506
IPC and Section 67B of IT Act, Police Station Kotwali Dehat, District
Mirzapur during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and FIR has been
lodged after a delay of more than two years and the victim is a major lady
and from her conduct, it appears that she is a consenting party. It is further
submitted that the videos and photos of the alleged incident are said to
have been made viral by the applicant and it is alleged that the said video
has been received by the husband of the victim and at best the case falls
under Section 67A of the I.T. Act for which maximum punishment is five
years. It is also submitted that the applicant has been languishing in jail
since 23.7.2025 and he is having criminal history of one case in which he
is on bail. It is lastly submitted that in case the applicant is granted bail,
he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts, however, it is submitted that the
applicant has made viral the videos and photos of the victim.
BAIL No. 34614 of 2025
2
5. As per allegations in the FIR, the applicant is said to have committed
rape on the victim on 4.2.2023 and thereafter the victim got married to
one Shiv Kumar and FIR has been lodged on 19.7.2025 i.e. after about
two and half years and the applicant is said to have recorded videos of the
alleged incident and made them viral. The victim is a major lady and it is
submitted that from the conduct of the victim, it appears that she is a
consenting party. The applicant has been languishing in jail since
23.7.2025 and he is having criminal history of one case in which he is on
bail.
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.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Devanand Giri 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
BAIL No. 34614 of 2025
3
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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal 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.
(Jitendra Kumar Sinha,J.)
September 24, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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