Dismissed¶16

Virendra v. State of U.P. and 3 Others

Bail – third bail application

Allahabad HC9 Feb 2026BAIL/32957/2025

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What is this about?

Allahabad High Court (Saurabh Shyam Shamshery, J.), Criminal Misc. Bail Application No. 32957 of 2025, Virendra v. State of U.P. and 3 Others, decided February 9, 2026: third bail application of 75-year-old applicant in custody since 24.02.2023 for rape of a 10-year-old minor girl (his grandson-relation as nana/grandfather) under Section 376-AB IPC rejected; prolonged incarceration and age held not to be grounds for bail in view of the minor victim's categorical statement and the 20-year minimum sentence; five of eight prosecution witnesses examined; trial Court directed to conclude trial expeditiously.

What did the court decide?

None to the applicant; bail application rejected. Trial Court directed to conclude the trial expeditiously. ¶16

Virendra vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 32957 of 2025

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Virendra

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	....	.Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)	: Umair	Alam
Counsel for Opposite Party(s)	: G.A.

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Court No. - 32

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HON'BLE SAURABH SHYAM SHAMSHERY, J.

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Heard Sri Umair Alam, learned counsel for applicant and Sri B.P. Singh, learned AGA for State.

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This is third bail application. The first and second bail applications were rejected vide orders dated 19.04.2024 and 10.02.2025 respectively.

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According to status report dated 10.10.2025, out of proposed eight prosecution witnesses, five have been examined and remaining three witnesses will be examined within a short period and trial would be concluded approximately within four months.

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Learned counsel for applicant submits that applicant is in jail since 24.02.2023 i.e. for about 3 years and till date trial has not concluded, therefore, applicant may be released on bail.

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Learned AGA has opposed the prayer for bail and submits that in present case, victim is a minor girl aged about 10 years whereas applicant who is presently aged about 75 years is related to victim as her grandfather (नाना) and victim has made a categorical statement before trial Court that applicant has committed rape with her.

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In aforesaid circumstances, submission of learned counsel for applicant that applicant is aged about 75 years and he is in jail for about 3 years cannot be considered as ground of bail since not only statement of minor victim (a girl aged about 10 years) appears to be absolutely against

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BAIL No. 32957 of 2025

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applicant and if the applicant is convicted under Section 376-AB IPC, minimum sentence would be of 20 years which may extend up to life imprisonment.

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