Allahabad High Court

PRADUMMAN KUMAR ALIAS PRADUMNversusSTATE OF U.P. AND ANOTHER

Decided: 8 September 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Pradumman Kumar, who was arrested in Crime No. 626 of 2025 under Sections 64(2)(M) and 351(2) of the B.N.S. and Section 67 of the Income Tax Act, alleged to have committed rape. The applicant claimed false implication, asserted that the victim, a minor lady, had turned hostile and that there was no incriminating material. The State opposed bail, emphasizing the seriousness of the offence. The Court, taking note of the applicant’s clean record, prolonged pre‑trial detention since 19‑Nov‑2025, jail overcrowding, and Supreme Court precedents (Kapil Wadhawan v CBI; Maya Tiwari v State of U.P.) as well as policy guidelines, decided that bail could be granted without commenting on the merits. Accordingly, the bail application was allowed subject to a personal bond, two sureties and specific conditions, with directions for verification and prompt release.

Issues considered

Whether bail should be granted to the accused in a rape case where the victim has turned hostile and the accused claims lack of incriminating evidence.
Whether the applicant’s clean criminal record and the issue of jail overcrowding justify bail despite the seriousness of the alleged offence.
Whether the conditions imposed by the Court are sufficient to safeguard the trial process.

Legislation cited

B.N.S. — s. 351(2), 64(2)(M)
Income Tax Act — s. 67

Subjects

bail
rape
victim hostile
jail overcrowding
criminal procedure
Section 64(2)(M)
Section 351(2)
Section 67
Supreme Court precedent
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44473 of 2025

Pradumman Kumar Alias Pradumn
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Alok Kumar, Ambrish Kumar, Pradeep
Kumar, Rahul Yadav
Counsel for Opposite Party(s) : Akhilesh Kumar Gupta, G.A., Rakesh
Kumar Gupta

Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Pradeep Kumar, learned counsel for the applicant and Shri
B.P. Maurya, learned A.G.A. for the State and perused the record.

2. The names of Shri Akhilesh Kumar Gupta and Shri Rakesh Kumar
gupta appear in the cause list as learned counsel for the first informant but
none of them is present today. The matter was last taken up on 03.09.2026
and on that day also no one was present on behalf of the first informant
and the matter was directed to be listed for today and it was made clear
that on the next date fixed, if no one appears on behalf of the first
informant in the first call, the application shall be heard in his absence.

3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 626 of 2025, under Sections
64(2)(M), 351(2) of B.N.S. and Section 67 of I.T. Act, Police Station
Kotwali, District Maharajganj, during the pendency of the trial.

4. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the victim
is a major lady and she has turned hostile before the learned trial Court
and she has not supported the allegation of the first information report. It
is further submitted that the victim has already been examined by the
learned trial Court and there is no chance of tampering of evidence. It is
BAIL No. 44473 of 2025
2

further submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 19.11.2025, 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.

6. As per first information report, the applicant is said to have enticed
away the first informant / victim and he is said to have clicked some
photographs of the victim in his mobile phone and by showing the said
photographs, he is said to have committed rape on the victim. It is further
submitted that the victim is a major lady and she has turned hostile before
the learned trial Court and she has not supported the allegation of the first
information report. It is further submitted that the victim has already been
examined by the learned trial Court and there is no chance of tampering
of evidence. It is further submitted that the applicant is having no criminal
history and the applicant has been languishing in jail since 19.11.2025.

7. 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.

8. Accordingly, the present application is ALLOWED.

9. Let the applicant- Pradumman Kumar @ Pradumn 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,
BAIL No. 44473 of 2025
3

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.

(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.

10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.

11. 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.

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, Maharajganj 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 9, 2026
RKM

Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad

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