Allahabad HC Grants Bail In Rape & Murder Case With 'Heavy Heart', Slams UP Govt Over Poor Forensic Lab Infra

Expressing serious concerns over the state's Forensic Science Laboratories (FSL) infrastructure, a bench of Justice Arun Kumar Singh Deshwal remarked thus:

"…outdated machine as well as incomplete infrastructure in FSL is the main reason for non-generation of DNA profile and no one can be blamed except the State Government who has many other issues to consider, apart from the issue of providing basic infrastructure to FSL”.

Expressing hope that the State Government will provide high-end machines to FSL as well as sufficient staff, the bench directed that a copy of its order be placed before Chief Minister Yogi Adityanath.

Case background

According to the prosecution's case, the deceased woman was allegedly raped and murdered. While the initial FIR was lodged against unknown persons, the bail applicant (Manoj) was later implicated based on the delayed statement of an alleged eyewitness. 

The defence, however, contended that the mere recovery of the victim's watch from an open field, allegedly upon the applicant's pointing out, could not be treated as conclusive evidence against him.

Furthermore, it was argued that the delayed recording of the eyewitness's statement created significant doubt over the prosecution's story.

It was also submitted that even as per the FSL report, the DNA of the applicant does not match the DNA found in the vaginal smear of the deceased.

Hence, it was prayed that the applicant be granted bail, as the accused had been falsely implicated in this case.

The counsel for the first informant, as well as the AGA, appearing for the state, though opposed to the prayer for bail, but could not dispute the aforesaid facts.

Though the Court ultimately granted bail in this case, it pointed out that it was constrained to do so "for the reason that the FSL report does not show that the DNA found in the vaginal smear of the deceased belongs to the applicant because of insufficient generation of the DNA profile".

The bench termed this as the "biggest anomaly in investigation as well as incomplete facility in the FSL".

It further noted that this recurring pattern was emerging frequently. Justice Deshwal remarked:

"This Court has come across number of cases specially where the lady was murdered after committing the rape. In those cases, though vaginal swab and DNA sample of accused were also sent to FSL but in most of the cases, FSL report shows that because of incomplete generation of DNA profile, source of DNA found in the vaginal swab cannot be determined".

Furthermore, the bench referred to its recent order in Mevalal Prajapati vs State of UP 2026 LiveLaw (AB) 267, wherein the bench was apprised by the Director of UP FSL that most of the FSL in the state are facing problems of vacancy, as well as a lack of high-end machines, which could not generate DNA profiles properly.

"Though, the present case is also related to heinous offence wherein rape was committed upon a lady and subsequently, she was murdered but for want of proper scientific evidence, this Court is constrained to release the applicant on bail, albeit with a heavy heart and great pain", the bench stated allowing bail.

The bench parted with the matter by recording its expectation that the State Government will provide high-end machines to FSL as well as sufficient staff.

Case title - Manoj vs State of UP 2026 LiveLaw (AB) 315

Case citation: 2026 LiveLaw (AB) 315