Allahabad High Court

SHOAIB SULEMAN SHAIKHversusSTATE OF U.P.

Decided: 22 April 2026
Bench: HARVIR SINGH

Holding

The court held that the incriminating CCTV footage and recovery of the minor from the accused’s possession preclude the grant of bail.

Summary

The High Court considered a bail application filed by Shoaib Suleman Shaikh, who was charged under Sections 137(2), 140(3) and 143(4) of the Bharatiya Nyaya Sanhita, 2023, for allegedly luring a four‑year‑old girl. The applicant argued that he was not named in the FIR, that the victim’s statement described a "Baba" who did not harm her, and that he has no criminal record, thus deserving bail. The State opposed bail, relying on CCTV footage showing the accused with the child at Agra Cantt railway station and the recovery of the minor from the accused’s possession in Delhi. The court examined the material evidence and concluded that it demonstrated the applicant’s complicity in the alleged offence. Consequently, the court found no sufficient ground to grant bail and rejected the application. The observations were limited to the bail application and did not address the merits of the underlying criminal case.

Issues considered

Whether bail can be granted to the accused under Sections 137(2), 140(3) and 143(4) of the Bharatiya Nyaya Sanhita, 2023 in view of the evidence linking him to the minor victim.
Whether the absence of the accused’s name in the FIR and the victim’s statement affect the bail decision.
Whether there is a risk of flight, tampering with evidence or further commission of the offence if bail is granted.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 143(4)

Subjects

bail
child abduction
Bharatiya Nyaya Sanhita
CCTV evidence
minor victim
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 1169 of 2026

Shoaib Suleman Shaikh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Vineet Vikram
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE HARVIR SINGH, J.

1. Heard Shri Mujeev Khan, learned advocate holding the brief for the
accused-applicant, learned A.G.A. for the State and perused the material
available on record.

2. This bail application has been moved on behalf of the accused-applicant/
Shoaib Suleman Shaikh, for grant of bail, in Case Crime No. 689 of 2025,
under Sections 137(2), 140(3) and 143(4) of Bharatiya Nyaya Sanhita, 2023,
Police Station Tajganj, District Agra, during pendency of trial.

3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. It is
further submitted that, the applicant was not named in the first information
report of this case and his name has surfaced during the course of
investigation. It is alleged in the first information report of this case that, an
unknown person has enticed away the daughter of the informant, aged about
4 years. No allegation has been levelled against the applicant in the first
information report. Learned counsel for the applicant further submits
that, the victim, in her statement recorded under Section 183 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, has stated that, some Baba, wearing white
kurta- pajama has taken away her with him, however, the said Baba has not
beaten her, nor anything wrong has been done to her. Learned counsel for
the applicant further submits that, the applicant has nothing to do with the
victim, nor he has enticed away the victim and his name has been dragged in
this case by the Police because of a hot talk having taken place in between
BAIL No. 1169 of 2026
2

the police and the applicant, while the applicant was on a visit to Taj Mahal,
Agra. He further submits that, the accused-applicant is languishing in jail in
this matter, since 16.10.2025, without having any criminal antecedents and
there is no likelihood that, the accused-applicant, after release on bail, may
flee from the process of law or will misuse the liberty of bail.

4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail
of the applicant on the ground that, the applicant was seen with the victim in
the CCTV cameras installed at booking counters of Railway Station, Agra
Cantt and the minor victim has been recovered from the possession of the
applicant from Subhash Palace, North-west, Delhi, therefore, the applicant is
not entitled to be released on bail.

5. Having considered the rival contentions of the parties and having perused
the record, it is evident that, the applicant was seen with the victim in the
CCTV cameras installed at booking counters of Railway Station, Agra Cantt
and the minor victim has been recovered from the possession of the
applicant from Subhash Palace, North-west, Delhi. Thus, having regard to
the evidence available on record against the applicant and his complicity in
the crime, as much as the accused- applicant has lured an innocent child
(girl) with him for some ulterior motive, I do not find any good ground to
release the applicant on bail. Hence, the bail application moved on behalf of
applicant - Shoaib Suleman Shaikh is hereby rejected.

6. Observations made herein-above by this court are only for the purpose of
disposal of this bail application and shall not be construed as an expression
of this Court on the merits of the case.

April 23, 2026
Gurpreet Singh
(Harvir Singh,J.)

Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad

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