The Supreme Court has set aside the Allahabad High Court’s order granting regular bail to an accused in a case involving allegations of aggravated sexual assault and gang rape, holding that the High Court could not have characterised the allegations as “improbable.”
The case arose from an FIR registered in Bahraich, Uttar Pradesh, under Sections 64(2)(m), 70(1) and 127(4) of the Bharatiya Nyaya Sanhita, 2023. According to the prosecution, the victim was allegedly lured on the pretext of securing a government job, confined at multiple locations for around three months and subjected to repeated aggravated sexual assault and gang rape. The allegations also included forced miscarriages and threats to publish obscene videos and images allegedly taken by the accused.
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The Allahabad High Court had granted bail, citing the alleged improbability of the accusations and the delay in lodging the FIR. The Bench of Justice B.V. Nagarathna and Justice R. Mahadevan, found that reasoning unsustainable and set aside the December 2, 2025 bail order.
The Court restored the bail application before the Lucknow Bench and directed it to reconsider the accused’s bail plea afresh and in accordance with law, preferably within four weeks from the first date of hearing. The accused was directed to surrender on or before August 20, 2026. The Supreme Court clarified that it had made no observation on the merits of the case.
