Allahabad High Court

SHARIK AALAMversusSTATE OF U.P.

Decided: 4 May 2026
Bench: KRISHAN PAHAL

Holding

The court held that the applicant made out a case for bail and granted bail subject to conditions.

Summary

Sharik Aalam was arrested in a case under IPC sections 69, 351(2) and 351(3) BNS for allegedly establishing a relationship with a 24‑year‑old woman on a false promise of marriage and then abandoning her. The prosecution alleged that the victim was misled and that the applicant had gone abroad. The applicant pleaded innocence, claiming no evidence of deception and no prior criminal record, and sought bail during the trial. The informant and the State opposed bail. The court, noting the lack of clinching evidence, the victim’s majority, and the prima facie nature of the case, concluded that the applicant had made out a case for bail and granted it with conditions of personal bond, sureties, and non‑tampering with evidence or witnesses.

Issues considered

Whether bail should be granted in a case of alleged false promise of marriage under IPC sections 69, 351(2) and 351(3) BNS
Whether the prosecution evidence is sufficient to deny bail at the stage of trial
Whether the applicant poses a risk of tampering with evidence or intimidating witnesses

Legislation cited

Indian Penal Code — s. 351(2), 351(3), 69

Subjects

bail
false promise of marriage
IPC sections 69
IPC section 351
prima facie evidence
sureties
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13887 of 2026

Sharik Aalam
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Kulveer Singh
Counsel for Opposite Party(s) : Anil Kumar Mishra, G.A., Manish
Mishra

Court No. - 65
(Sr. No.49 out of 205)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Kulveer Singh, learned counsel for the applicant, Sri Manish
Mishra, learned counsel for the informant, Sri Deepak Kumar Singh, learned
A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.310 of 2025, under Sections 69,
351(3), 351(2) BNS, Police Station Chhapar, District Muzaffarnagar, during
the pendency of trial.

4. As per prosecution story, the applicant is stated to have established
corporeal relationship with the victim on the false promise of marriage and
subsequently abandoned her, thereby going back on the said promise. The
victim is stated to have reached the house of the applicant and was thereby
informed that the applicant had gone abroad.

5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
has nothing to do with the said offence. The victim is major aged about 24
years. There is no clinching evidence to suggest that the applicant misled the
victim from the beginning. The informant has converted a failed consensual
physical relationship into a criminal case. The applicant has no criminal
history and is in jail since 09.03.2026. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
BAIL No. 13887 of 2026
2

6. Learned counsel for the informant and learned A.G.A. have vehemently
opposed the bail application.

7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that the victim is major and there being no clinching evidence
to suggest that the applicant misled the victim from the beginning, and
without expressing any opinion on the merits of the case, prima-facie the
Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.

8. Let the applicant- Sharik Aalam, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.

9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.

(Krishan Pahal,J.)
May 5, 2026
(Ravi Kant)

Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad

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