Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15519 of 2026 Court No. - 65 (Sl. No. 14 out of 265) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Rajesh Kumar Chitragupt, learned counsel for the applicant and Sri Ajaj Ahmad, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 30 of 2026, under Sections 64(2)M, 351(3) of BNS, Police Station - Mohana, District - Siddharth Nagar, during the pendency of trial. 4. As per the prosecution story, the applicant, being the brother-in-law of the victim, is alleged to have raped her and to have continued an illicit relationship with her in the absence of her husband, who was abroad at the relevant time. 5. Learned counsel for the applicant has argued that the FIR does not mention the date and time of the alleged offence and that there is nothing on record to suggest that the victim was impregnated by the applicant. It is further submitted that the applicant has been falsely implicated, being only the brother-in-law of the victim, and that the victim, being a married lady, was major at the relevant time. The applicant is in jail since 11.03.2026, having no criminal history to his credit and deserves to be released on bail. In case, the applicant is released on bail, he will not Versus Counsel for Applicant(s) : Rajesh Kumar Chitragupt Counsel for Opposite Party(s) : Ajaj Ahmad, G.A. Irshad .....Applicant(s) State of U.P. .....Opposite Party(s)
misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim had terminated her pregnancy as she was impregnated by the applicant, as such, the applicant is not entitled for bail. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the victim was major and there is nothing on record to suggest that the applicant impregnated her, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8.
Let the applicant- Irshad, 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. May 7, 2026 Siddhant BAIL No. 15519 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad