Allahabad High Court
NAFEESversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The accused, Nafeus, applied for bail in a rape case (S.T. No.470 of 2025) arising from Case Crime No.454 of 2024. The applicant’s counsel argued that the victim was a consenting party, that both the victim and the accused sustained injuries, and that the allegations amounted to false implication. The State opposed bail but could not refute the applicant’s contentions. The court, after considering the victim’s medical statement, the injuries, and the lack of any alarm raised by the victim, found that the applicant had made out a prima‑facie case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a pending rape trial.
- Whether the claim of false implication and the victim’s lack of alarm justify bail.
- Whether the applicant’s criminal record and willingness to cooperate influence the bail decision.
Legislation cited
- Indian Penal Code — s. 333, 64
Subjects
- bail
- rape
- false implication
- injury
- personal bond
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40053 of 2025
Nafees
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vivek Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.173 out of 277)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vivek Singh, learned counsel for the applicant, learned A.G.A.
for the State and perused the material placed on record.
3. Applicant seeks bail in S.T. No.470 of 2025, arising out of Case Crime
No.454 of 2024, under Sections 64, 333 BNS, Police Station Partapur,
District Meerut, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
victim is a consenting party as far as the instant case is concerned. She is
stated to have been taken by the applicant by force to his house and after
closing the door committed rape with her twice. The victim did not raise any
alarm during the said period of stay in the house of applicant, as such, it is a
clear cut case of false implication.
5. Learned counsel for the applicant has further argued that it is true that
victim had sustained injuries on her body, but so had the applicant. Both of
them were injured as were seen by the parents of the victim and both were
given a hard beating by them. The said fact stands fortified by the statement
of victim recorded by the doctor conducting her medical examination. The
applicant has no criminal history and is in jail since 5.12.2024. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
BAIL No. 40053 of 2025
2
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of victim recorded by the doctor concerned and
the injuries sustained by the victim and applicant coupled by the fact that
victim had not raised any alarm whatsoever during the period of stay in the
house of applicant, and without expressing any opinion on the merits of the
case, prima-facie the Court is of the view that the applicant has made out a
case for bail. The bail application is allowed.
8. Let the applicant- Nafees, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 20, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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