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Allahabad High Court

SAURABH SINGHversusSTATE OF U.P.

Decided

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed by Saurabh Singh, who was arrested in a police encounter and charged under Section 140(2) of the B.N.S. for alleged abduction and ransom. Singh claimed he was falsely implicated, noting that the victim’s statement under Section 183 was never recorded and that the victim was recovered from a co‑accused, not from Singh. The State opposed bail, asserting the abduction charge, but could not produce a victim statement naming Singh. The Court observed that the victim’s statement under Section 180 did not name Singh, no sexual assault was alleged, and the charge‑sheet had been filed with trial likely to continue for some time. Finding a prima facie case for bail and noting Singh’s clean record and lack of necessity for custodial interrogation, the Court granted bail with conditions. The order directed the issuance of a personal bond, sureties, and compliance with procedural formalities for release.

Issues considered

  • Whether bail should be granted when the victim’s statement under Section 183 has not been recorded and does not name the accused.
  • Whether the existence of a pending charge‑sheet and another case under the Gangsters Act precludes bail.
  • Whether a prima facie case for bail exists despite the allegations of abduction and ransom.

Legislation cited

Subjects

  • bail
  • false implication
  • abduction
  • ransom
  • victim statement
  • Section 183
  • Section 180
  • charge-sheet
  • Gangsters Act

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 12562 of 2026

Saurabh Singh
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Manvendra        Narain   Pathak,    Sanjay
                                Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.677 of 2025, under Section 140(2)
B.N.S., Police Station- Jait, District- Mathura.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The victim who is stated to
have been abducted by the applicant and the other co-accused for ransom,
has not been examined under Section 183 BNSS. He further contends that
the victim has not been recovered from the custody or on the pointing out
of the applicant but from the co-accused Pooja. The applicant was
supposedly arrested by the police in a police encounter case and he was
also shot in the leg by the police. A recovery of Rs. 2.5 lakhs is said to
have been effected from the applicant and co-accused Manjeet, stated to
be ransom amount. The applicant is in jail since 20.12.2025 and a charge-
sheet has now been submitted. The applicant is no longer required for any
custodial interrogation. The applicant has no previous criminal case to his
credit, however, after his implication in the present case on the basis of a
case of police encounter in which the applicant is said to have been
arrested, another case under the Gangsters Act, has been imposed on the
applicant. The applicant is on bail in the police encounter case and is yet
to apply for his bail in the case under the Gangsters Act
                                                         BAIL No. 12562 of 2026
                                2


4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant had abducted the victim
for ransom. He, however, could not dispute the fact that the statement of
the victim has not been recorded under Section 183 BNSS.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The victim in her statement recorded under Section 180 BNSS has not
named the applicant. She although stated to have been abducted by some
persons traveling in an auto rickshaw, however, she has not made
allegations of any sexual assault. The victim has not been recovered from
the possession of the applicant but from the possession of the co-accused
Pooja. A charge-sheet has now been submitted and the trial is not likely to
conclude in the near future.

7. Taking into account all the facts and circumstances of the case, prima
facie, a case for grant of bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Saurabh Singh, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:


i. The applicant will not tamper with the evidence.


ii. The applicant will not indulge in any criminal activity.


iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
                                                                                              BAIL No. 12562 of 2026
                                                                    3


                                    below will be at liberty to proceed to cancel his bail.

                                    11. It is made clear that the applicant shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official
                                    website of High Court Allahabad and verified by the concerned counsel
                                    with the undertaking that the certified copy will be filed within 15 days.

                                    12. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicant.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 7, 2026
                                    Sachin




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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