Kanhaiya v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 31104 of 2026

Kanhaiya

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Shailesh Singh Yadav
Counsel for Opposite Party(s) :	G.A.

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Shailesh Singh Yadav, learned counsel for the applicant, Sri Ashish Kumar Tripathi, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 242 of 2026 under Sections 64(1), 332(a), 351(2) BNS, registered at Police Station Rasulabad, District Kanpur Dehat during pendency of the trial.

3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and on perusal of the call details record, it appears that prior to the alleged incident, victim rang the applicant several times, however, all the calls were missed. It is next submitted that victim is a major and married lady and there appears to be material contradictions in the contents of the FIR as well as in the statements of the victim recorded under sections 180 and 183 BNSS. It is further submitted that medico-legal report of the victim does not support the allegation of rape on her as no injury has been found on her private part. It is next submitted that applicant had lodged a complaint against the husband of the victim regarding theft of electricity and it is submitted that he has been implicated in this false case. It is further submitted that applicant has criminal history of one case under section 304A IPC and he has been languishing in jail since 30.6.2026. It is also submitted that the