Allahabad High Court
AMIT RAJBHARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the accused as he has made out a prima facie case for bail.
Summary
The applicant, Amit Rajbhar, was arrested on 12 October 2025 in connection with a charge of rape under Section 376(2)(n) of the Indian Penal Code, arising from an alleged incident at a hotel in Varanasi. He pleaded innocence, asserting that the alleged victim, a 26‑year‑old woman, had voluntarily stayed with him at various hotels and that there was no monetary transaction or coercion. The State opposed bail, but the victim’s statement recorded under Section 183 of the Evidence Act indicated her consent, which the court considered significant. The court examined the lack of prior criminal record, the absence of evidence of force, and the victim’s consent, and found that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions. The order emphasized that the bail does not affect the trial on the merits and may be cancelled for any breach of conditions.
Issues considered
- Whether bail can be granted to an accused charged under Section 376(2)(n) IPC during the pendency of trial.
- Whether the victim’s statement indicating consent under Section 183 of the Evidence Act negates the necessity for custodial detention.
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 376(2)(n)
Subjects
- bail
- rape
- Section 376 IPC
- Section 183 Evidence Act
- consent
- false implication
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41970 of 2025
Amit Rajbhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Mohan Singh, Virpratap
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.168 out of 258)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Virpratap Singh, learned counsel for the applicant, Sri Jai
Kishan Chaurasia, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.207 of 2025, under Section
376(2)(n) I.P.C., Police Station- Dashashwamegh, District- Varanasi,
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
allegations against the applicant are per se false. The consent of the victim
can be drawn from the fact that she had stayed with the applicant at different
hotels at different point of time. There is no evidence of any money
transactions between the parties. The victim is major aged about 26 years
old. The applicant has no criminal history and is in jail since 12.10.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned tate Law Officer has vehemently opposed the bail application but
could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
BAIL No. 41970 of 2025
2
consideration the statement of the victim recorded under Section 183
B.N.S.S., which indicates her consent, 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.
7. Let the applicant- Amit Rajbhar, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 13, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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