Nafees Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

Nafees Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Nafees on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required; breach of any condition shall entail cancellation of bail, and the observations shall not affect the trial on merits.

Issue for consideration

Whether the applicant Nafees is entitled to bail in S.T. No. 470 of 2025 (arising out of Case Crime No. 454 of 2024, under Sections 64, 333 BNS, Police Station Partapur, District Meerut) during the pendency of trial.

Court's answer

Without expressing any opinion on the merits, and considering the facts and circumstances, the submissions of counsel, the evidence on record, the statement of the victim recorded by the doctor concerned, the injuries sustained by both the victim and the applicant, and the fact that the victim had not raised any alarm during her stay in the applicant's house, the Court was prima facie of the view that the applicant had made out a case for bail, and the bail application was allowed.

Ratio / Principle

The applicant Nafees was to 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 conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

Detailed headnote1 paragraphs

Bail — Offences under Sections 64, 333 BNS (Case Crime No. 454 of 2024, S.T. No. 470 of 2025, P.S. Partapur, District Meerut) — Application under CRIMINAL MISC. BAIL APPLICATION No. 40053 of 2025 allowed by the High Court of Judicature at Allahabad (Krishan Pahal, J.) — Applicant contended he was innocent and falsely implicated; victim a consenting party who did not raise any alarm during her stay in his house; both victim and applicant had sustained injuries, as seen by the victim's parents, fortified by the victim's statement recorded by the doctor conducting her medical examination; applicant had no criminal history and was in jail since 5.12.2024 — Learned A.G.A. opposed but could not dispute the submissions — Court, without expressing any opinion on the merits, held that prima facie the applicant had made out a case for bail — Applicant directed to be released on a personal bond with two sureties, subject to verification, on conditions of not tampering with evidence or intimidating witnesses and appearing before the trial court — Breach of conditions to entail cancellation of bail; observations not to affect the trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40053 of 2025

Nafees

.....Applicant(s)

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

Court No. - 65

(Sr. No.173 out of 277)

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Vivek Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in S.T. No.470 of 2025, arising out of Case Crime No.454 of 2024, under Sections 64, 333 BNS, Police Station Partapur, District Meerut, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as far as the instant case is concerned. She is stated to have been taken by the applicant by force to his house and after closing the door committed rape with her twice. The victim did not raise any alarm during the said period of stay in the house of applicant, as such, it is a clear cut case of false implication.

Learned counsel for the applicant has further argued that it is true that victim had sustained injuries on her body, but so had the applicant. Both of them were injured as were seen by the parents of the victim and both were given a hard beating by them. The said fact stands fortified by the statement of victim recorded by the doctor conducting her medical examination. The applicant has no criminal history and is in jail since 5.12.2024. He undertakes to cooperate with the trial and not misuse the liberty of bail.

BAIL No. 40053 of 2025

2

Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of victim recorded by the doctor concerned and the injuries sustained by the victim and applicant coupled by the fact that victim had not raised any alarm whatsoever during the period of stay in the house of applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Nafees , 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.

Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

April 20, 2026

Vikas Verma

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad