Allahabad High Court

DILSHADversusSTATE OF U.P.

Decided: 4 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

Since the victim’s statements indicated she accompanied the accused of her own free will and no sexual misconduct was alleged, the court held that bail was warranted.

Summary

The High Court considered a bail application filed by Dilshad in a case under Sections 137(2) of the Criminal Procedure Code and 87 of the B.N.S., alleging abduction of a 15‑year‑old girl. The applicant’s counsel argued that the victim, a major, had been mischaracterised as a minor and that her statements under Sections 180 and 183 of the B.N.S. showed she went to Kolkata with the accused voluntarily, without any allegation of force or sexual misconduct. The State and the informant contended that the alleged abduction of a minor was a grave offence warranting denial of bail. The court examined the victim’s statements and found no evidence of coercion or sexual assault, concluding that the facts supported a prima facie case for bail. Consequently, the bail application was allowed subject to standard conditions, including personal bond, sureties, and compliance with trial procedures.

Issues considered

Whether bail should be granted when the alleged victim, though a minor, voluntarily accompanied the accused.
Whether the alleged abduction of a minor constitutes a non‑bailable offence justifying denial of bail.
Whether the absence of criminal antecedents of the accused influences the bail decision.

Legislation cited

B.N.S. — s. 180, 183, 87
Code of Criminal Procedure, 1973 — s. 137(2)

Subjects

bail
abduction
minor
Section 137 CrPC
Section 180 B.N.S.
Section 183 B.N.S.
victim consent
criminal antecedents

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12978 of 2026

Dilshad
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Bhim Sen Pandey, Kartikey Pandey
Counsel for Opposite Party(s) : Shahroze Khan, G.A.

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

1. Heard, Learned counsel for the applicant, Sri Lavkush Kumar Bhatt,
Learned Advocate, holding the brief of Sri Shahroze Khan, the Learned
counsel for the informant, the 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.19 of 2026, under Sections 137(2) and
87 B.N.S., Police Station- Shohratgarh, District- Siddharth Nagar.

3. Counter affidavit filed by the Learned counsel for the informant today
in Court, is taken on the record.

4. The Learned counsel for the applicant does not propose to file any
rejoinder affidavit and prays that the matter may be heard on merits.

5. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The victim is major and
has wrongly been shown to be a minor. In her statement under Section
180 BNSS, she has not made any allegation against the applicant of
forcefully abducting her. In her statement recorded under Section 183
BNSS, the victim has although mentioned her age to be 15 years and has
stated that she was in love with the applicant and had gone
to Kolkata with the applicant of her own free will and choice. No
allegation of any sexual misconduct has been levelled against the
applicant.
BAIL No. 12978 of 2026
2

6. The Learned counsel for the informant and the Learned A.G.A., on the
other hand, have opposed the prayer for grant of bail and have contended
that the applicant had abducted the minor daughter of the informant who
is only 15 years of age. The act of the applicant is a grave offence, which
entails harsh punishment and he may not be considered for grant of bail.
The Learned A.G.A., however, could not point out any criminal
antecedents of the applicant.

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

8. A perusal of the statement recorded under Section 180 BNSS of the
victim clearly indicates that she was in love with the applicant and had
gone with him to Kolkata without any threat, coercion or undue influence
being exercised by the applicant. Prima facie, in the opinion of the Court,
once the victim had accompanied the applicant out of her own sweet will
and there are no allegation of sexual misconduct against the applicant, a
case for grant of bail is made out.

9. The bail application is allowed.

10. Let the accused-applicant- Dilshad, 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.

11. In the event of breach of any of the aforesaid conditions, the court
BAIL No. 12978 of 2026
3

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

12. 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.

13. 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 5, 2026
Sachin

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

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