Karan Singh vs State Of U.P. And 3 Others
- Neutral2026:AHC:104006
Ratio decidendi
The rule this decision rests on
Where a bail applicant in a criminal case demonstrates through the evidence on record circumstances including delay in institution of the FIR and absence of medical corroboration of the alleged incident, the court may grant bail on personal bond with sureties, subject to conditions prohibiting tampering with evidence and intimidation of witnesses, without prejudice to the trial on merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. Supplementary affidavit filed today is taken on record.
2. Heard Sri Himanshu Mishra, learned counsel for the applicant, Sri Ashutosh Gupta, learned counsel for the informant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.65 of 2026, under Sections 65(1), 332 BNS and 3/4(2) POCSO Act, Police Station Mangorra, District Mathura, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by more than one day, and there is no explanation for the said delay. Even the allegations made by the victim in her statement recorded under Section 183 BNSS seem to be of attempt to rape only. There is no medical corroboration of the incident either. The applicant has no criminal history and is in jail since 01.03.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in the institution of the FIR and the fact that there is no medical corroboration of the incident, 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.
7. Let the applicant- Karan Singh, 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.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)
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