Allahabad High Court
NOMAN AKHTAR @ NUMAN AKHTARversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Noman Akhtar, who was arrested in connection with an alleged attempted rape (Criminal Case No. 321 of 2025). The applicant argued that the victim’s statements under Sections 180 and 183 of the IPC indicated consent, that the victim was a major, and that the medico‑legal report did not support a rape charge; he also highlighted his lack of prior criminal record and prolonged pre‑trial detention since 29‑08‑2025. The State opposed bail but did not dispute the factual contentions. Relying on Supreme Court precedents (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail) and considering jail overcrowding and trial pendency, the Court held that bail should be granted without expressing an opinion on the merits. The order released the applicant on bail subject to a personal bond, two sureties, and standard conditions to prevent tampering with evidence or further offences.
Issues considered
- Whether bail should be granted in an alleged attempted rape where the victim’s statement suggests consent.
- Whether the applicant’s lack of criminal history and prolonged pre‑trial detention justify bail.
- How the Supreme Court’s guidelines in Kapil Wadhawan, Maya Tiwari, and the Policy Strategy for Grant of Bail apply to this case.
- Whether the evidence presented is sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 115(2), 180, 183, 69, 74
Subjects
- bail
- attempted rape
- consent
- Indian Penal Code
- overcrowded jails
- pre‑trial detention
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34657 of 2025
Noman Akhtar @ Numan Akhtar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambreen Masroor, Chandra Prakash
Pandey, Sadrul Islam Jafri, Vinay
Bhushan Upadhyay
Counsel for Opposite Party(s) : Amarjeet Yadav, G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri N.I. Jafri, learned Senior counsel assisted by Miss Samra
Usmani, holding brief of Sri Sadrul Islam Jafri, learned counsel for the
applicant and Sri C.S. Saran, learned A.G.A. for the State and Sri
Amarjeet Yadav, learned counsel for the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 321 of 2025, under Sections 74,
115(2), 69 BNS, Police Station Muhammadabad Gohna, District Mau,
during the pendency of the trial.
3. It is contended by the learned Senior counsel for the applicant that the
applicant has been falsely implicated in the present case and on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS, it
appears that she is a consenting party. It is further submitted that the
victim is major lady as per school record and the medico-legal report of
the victim does not support the commission of rape on her. It is also
submitted that the applicant has been languishing in jail since 29.8.2025
and he is having no criminal history. 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 counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail but could not dispute the
BAIL No. 34657 of 2025
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aforesaid facts.
5. As per the allegation in the FIR, the applicant is said to have attempted
to commit rape on the victim, however, it is submitted that on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS, it
appears that she is a consenting party as she was on talking terms with the
applicants and the applicant promised her to marry and he established
physical relationship on the false promise of marriage. The victim is
major lady as per school record and the medico-legal report of the victim
does not support the commission of rape on her. The applicant has been
languishing in jail since 29.8.2025 and he is having no criminal history.
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- Noman Akhtar @ Numan Akhtar 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.
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(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.
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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