Allahabad High Court
AARIFversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the applicant, holding that the circumstances did not justify continued detention.
Summary
The Allahabad High Court considered a bail application filed by Aarif, who was arrested in Crime No. 282 of 2026 under Sections 64(1), 74, 77 and 351(3) of the B.N.S. The prosecution alleged that Aarif had a consensual relationship with a major‑age girl, recorded an obscene video, and used it to blackmail her and her husband’s family. The defence argued that the FIR was lodged more than a year after the alleged incident, no video or photographs were recovered, the victim’s call‑detail records placed her elsewhere at the time, and she refused a medical examination, creating reasonable doubt. The applicant had no prior criminal record and a charge‑sheet had already been filed, negating the need for custodial interrogation. Citing the Supreme Court’s decisions in Kapil Wadhawan v CBI, Maya Tiwari v State of U.P., and recent High Court guidelines on bail, the court held that the circumstances warranted bail. Accordingly, the bail application was allowed subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether bail should be granted to the accused in view of the delay in filing the FIR, lack of material evidence, and the nature of the alleged offences.
Legislation cited
- B.N.S. — s. 351(3), 64(1), 74, 77
Subjects
- bail
- criminal procedure
- blackmail
- obscene video
- delay in FIR
- overcrowded prisons
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35197 of 2026
Aarif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Birendra Singh Khokher
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Birendra Singh Khokher, learned counsel for the applicant,
Sri DPS Chauhan, 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. 282 of 2026, under Sections 64(1),
74, 77, 351(3) of B.N.S., Police Station Kithaur, District Meerut, during
the pendency of the trial.
3. Contention of learned counsel for the applicant is that the FIR was
lodged after more than one year without any explanation. It is further
submitted that though the allegation has been made that the applicant had
initially established physical relationship with the victim, who is a major
girl, and prepared an obscene video of the intimate moment and, on the
basis of this obscene video and photographs, the applicant blackmailed
the victim and also sent the obscene video to her husband as well as her
husband's elder brother. It is further submitted that during the
investigation, no such video or photographs were recovered by the police
and even the CDR of the mobile phone of the victim shows that her
presence on 15.11.2024 was not at the place of incident but at the house
of her in-law and even the audio received from the mobile phone of the
victim shows her deep intimacy with the applicant. Therefore, the
aforesaid facts create doubt over the entire prosecution story. It is further
submitted that the victim herself refused to undergo medical examination.
There is no material against the applicant.
BAIL No. 35197 of 2026
2
4. 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 custodial interrogation. The applicant
is a law-abiding citizen and he is languishing in jail since 24.08.2026. 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.,
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- Aarif, 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.
BAIL No. 35197 of 2026
3
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.
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
Jail Superintendent, Meerut 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.
14. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
October 1, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
Checking your session…