Allowed

Dipti Singh v. State of U.P. and Another

Allahabad HC25 Nov 2025NABAIL/9747/2025

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an exemption application for anticipatory bail to Dipti Singh in a gang rape case. The court noted the applicant was not assigned a role in the rape commission and granted bail till trial despite the serious nature of the allegations.

What did the court decide?

Exemption Application No. 01 of 2025 allowed; anticipatory bail granted till end of trial with personal bond of Rs. 50,000 plus two sureties.

Dipti Singh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9747 of 2025

Dipti Singh

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Radhey Shyam Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 71

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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Crl. Misc. Exemption Application No.01 of 2025 is allowed.

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This application has been moved on behalf of the applicant - Dipti Singh seeking anticipatory bail in Case Crime No.19271 of 2024 under Sections 376D, 506, 120B IPC, Police Station Jaithra, District Etah.

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Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record.

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It is submitted by the learned counsel for the applicant that the present case is based on a complaint made by the lady victim of this case and accordingly the summoning order was passed against the applicant. It is further submitted that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted that in her statement recorded under section 200 Cr.P.C., the victim herself has assigned no role of rape to the applicant and he has been assigned only a role to be present and standing at the place of occurrence. It is further submitted that there is no such evidence on record which is capable to connect the present applicant with the gang rape allegedly committed with the lady complainant. Since the main offence has not been committed by the applicant and he is having no criminal antecedents to his credit, he is entitled for anticipatory bail in this matter. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the trial. The applicant has

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NABAIL No. 9747 of 2025

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apprehension of his arrest by the police any time.

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Per contra, learned A.G.A. opposed the anticipatory bail but however could not dispute that no role of committing rape with the lady victim has been assigned to the present applicant.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

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The application is allowed accordingly.

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In the event of arrest of the applicant, he shall be released on anticipatory bail till the end of trial on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-

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(i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

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NABAIL No. 9747 of 2025

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(ii) 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/her from disclosing such facts to the Court or to any police office.

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant.

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November 25, 2025 ss

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(Nalin Kumar Srivastava,J.)

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Dipti Singh v. State of U.P. and Another

Case brief

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Dipti Singh v. State of U.P. and Another

Case brief

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