Allahabad High Court
SHIVA GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Shiva Gupta, who is charged under several IPC sections (65(1), 89, 127(2), 123, 352, 115(2), 351(3) BNS) and Sections 3 and 4 of the POCSO Act. The applicant argued that he was falsely implicated, that the victim was an adult and the medico‑legal report did not substantiate a rape, and that both parties were prepared to solemnise a marriage. The State opposed the bail but did not contest these factual submissions. Citing Supreme Court decisions in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., as well as the problem of overcrowded jails, the court granted bail without expressing an opinion on the merits. The order released the applicant on bail subject to a personal bond, sureties and standard conditions, and directed electronic transmission of the release order to the jail.
Issues considered
- Whether bail should be granted to an accused facing IPC and POCSO offences when the victim is an adult and the alleged rape is not medically corroborated.
- Whether the prospect of marriage between the accused and the victim influences the bail decision.
- Whether the Supreme Court’s guidelines on bail and concerns of jail overcrowding justify granting bail in this case.
Legislation cited
- Indian Penal Code — s. 115(2), 123, 127(2), 351(3), 352, 65(1), 89
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- POCSO Act
- IPC offences
- false implication
- marriage as mitigating factor
- jail overcrowding
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8727 of 2026
Shiva Gupta
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivam Pandey
Counsel for Opposite Party(s) : Dewarshi Kumar Rai, G.A., Kanchan
Chaudhary
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Shivam Pandey, learned counsel for the applicant and Sri
Radhey Shyam, learned A.G.A. for the State and Sri Dewarshi Kumar
Rai, 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. 0961 of 2025, under Sections 65(1),
89, 127(2), 123, 352, 115(2), 351(3) BNS and Sections 3, 4 of POCSO
Act, Police Station Kotwali Nagar, District Banda during the pendency of
the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim is
major at the time of registration of FIR and as per certificate of High
School and medico-legal report of the victim does not support the
commission of rape on her. It is further submitted that as per FIR the
applicant is said to have established physical relationship on the false
promise of marriage for the last three years. It is submitted that now the
applicant is ready to solemnize the marriage with the victim. It is also
submitted that the applicant has been languishing in jail since 26.12.2025
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. On instructions, learned counsel for the first informant has also
BAIL No. 8727 of 2026
2
submitted that the applicant and the victim are ready to solemnize their
marriage.
5. Learned A.G.A. has opposed the prayer for bail but could not dispute
the aforesaid facts.
6. As per the allegation in the FIR, the applicant is said to have
established physical relationship with the victim on the false promise of
marriage, however, the victim is major at the time of registration of FIR
as per certificate of High School and medico-legal report of the victim
does not support the commission of rape on her. It is submitted by the
learned counsel for the applicant and the learned counsel for the first
informant that now the applicant and the victim are ready to solemnize
their marriage. The applicant has been languishing in jail since
26.12.2025 and he is having no criminal history.
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- Shiva Gupta 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
BAIL No. 8727 of 2026
3
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
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 23, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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