Allahabad High Court Grants Bail to Aznan Khan and Furkan Ilahi in Nine-Year-Old Case

Court emphasizes the importance of non-tampering with evidence and adherence to legal proceedings in a case involving serious allegations under the IPC and SC/ST Act.

In a significant development, the Allahabad High Court has granted bail to Aznan Khan and Furkan Ilahi, accused in a nine-year-old case involving charges of gang rape and various other offences under the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The decision was rendered by Justice Anil Kumar-X on November 24, 2025, in response to two criminal appeals challenging the earlier rejection of bail by the Special Judge (SC/ST Act), Bulandshahar.

The case, which has garnered substantial attention, involves allegations that date back to October 2016. The victim, a practicing advocate, alleged that the appellants had offered assurances of marriage, which led to a delayed filing of the First Information Report (FIR) after nine years. The appellants were accused of serious offences, including gang rape under Section 376D of the IPC, alongside charges under the SC/ST Act.

The High Court's decision to grant bail was influenced by several factors, including the delay in lodging the FIR, the victim's conduct, and the assurances given by the accused. The court noted that the FIR was lodged after significant legal consultation, casting doubt on its legitimacy. Additionally, the victim had a history of filing multiple criminal cases, which contributed to the court's decision to grant bail.

Justice Anil Kumar-X emphasized the importance of ensuring that the rights afforded to victims under the SC/ST Act are not misused. The judgment highlighted the need for courts to exercise caution in making comments on the conduct of parties unless absolutely necessary. In this case, the court found the victim's conduct inappropriate, given her professional background as an advocate.

The bail was granted under strict conditions, including a personal bond and sureties, with specific instructions to avoid tampering with evidence and intimidating prosecution witnesses. The appellants are required to adhere to trial proceedings and avoid committing similar offences.

The court's decision underscores the delicate balance between protecting the rights of the accused and ensuring justice for victims in cases involving serious allegations. The judgment also reflects the judiciary's role in scrutinizing procedural delays and the conduct of parties involved.

Bottom Line:

Bail granted to the appellants accused under Sections 376D IPC and various provisions of SC/ST (Prevention of Atrocities) Act, considering delay in FIR lodging, victim's conduct, and assurances given by the accused.

Statutory provision(s): Indian Penal Code, 1860 - Sections 376D, 354, 354-B, 323, 342, 406, 504, 506; Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 14A(2), 3(2)(5), 3(1)(Da).

Aznan Khan v. State of U.P., (Allahabad) : Law Finder Doc id # 2819492