The Allahabad High Court recently flagged concerns that rape and murder accused in Uttar Pradesh are getting bail because of inadequate infrastructure at the State's Forensic Science Laboratories (FSLs) [Manoj v State of UP].

Justice Arun Kumar Singh Deshwal added that the Court expects the State government to address these deficiencies by providing high-end machines and adequate staff at FSLs.

The Court has directed that a copy of its order be sent to Chief Minister Yogi Adityanath through the Chief Secretary for his perusal.

“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,” the Bench noted in the order passed on May 21.

The Court made the observation while granting bail to a rape and murder accused, whose counsel highlighted that a forensic test had favoured his client and supported his innocence.

The Court, however, noted that this could be due to the poor state of forensic science labs in Uttar Pradesh.

“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 Court said.

The Bench said that only the State government was responsible for the failure.

"In this case, outdated machine as well as incomplete infrastructure in FSL is the main reason for non-generation of DNA profile and no one can be blamed except the State Government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," the order reads.

The Court was hearing bail plea of a man who was booked last year for rape and murder of a woman. The victim had gone missing and was later found dead near a river. A witness had allegedly seen the accused Manoj go towards the river where the victim’s body was later found. 

Seeking bail, the accused man's counsel argued that the FSL report has given him a clean chit in the case as his DNA did not match with the vaginal smear of the victim.

He also argued that there was no incriminating material against the accused and that he has been falsely implicated in the case. It was also submitted that he has been in jail since November 21, 2025.

Considering the submissions, the Court granted bail to the accused. However, it also noted that the accused was being released due to the lack of proper scientific evidence

“In the present case also, this Court has to release the applicant on bail for the reason that 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 DNA profile. This is biggest anomaly in investigation as well as incomplete facility in the FSL.”

The Bench further said that it had recently been apprised by the Director of the UP FSL that most forensic laboratories in the State were facing acute staff shortages and infrastructure deficiencies.

The Court proceeded to hold that it was constrained to release the accused on bail due to the lack of medical evidence against him, despite the heinousness of the alleged offence.

Advocate Naryan Singh (Kushwaha) represented the petitioner (accused man).

Advocate Ravindra Kumar Dwivedi represented the complainant.

Advocate Rakesh Kumar Mishra represented the State.

[Read Order]