Allahabad High Court
GOLU RAO @ ARJUN RAOversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis and considering the victim's statement, bail should be granted to the accused.
Summary
The applicant, Golu Rao @ Arjun Rao, filed a bail application in a criminal case (Crime No. 0105 of 2026) involving alleged offences under Sections 69, 115(2), 352 and 351(3) of the BNS. The victim, a 20‑year‑old woman, recorded a statement under Section 183 BNS indicating she does not wish to marry the applicant and intends to withdraw the case. The court examined the material on record and the submissions of counsel for both sides. Relying on the victim’s expressed desire to withdraw and finding no immediate risk to the investigation, the court concluded that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions. The order expressly states that the bail does not affect the trial on merits and may be cancelled for breach of conditions.
Issues considered
- Whether bail should be granted to the accused pending trial for offences under Sections 69, 115(2), 352 and 351(3) of the BNS.
- Whether the victim's statement indicating a desire to withdraw the case influences the grant of bail.
Legislation cited
- BNS — s. 115(2), 183, 351(3), 352, 69
Subjects
- bail
- criminal procedure
- victim's statement
- withdrawal of complaint
- Section 69 BNS
- Section 115(2) BNS
- Section 352 BNS
- Section 351(3) BNS
- Section 183 BNS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14223 of 2026
Golu Rao @ Arjun Rao
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mustaqeem Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 31 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mustaqeem Ahmad, learned counsel for the applicant and Sri
Jai Kishan Chaurasia, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 0105 of 2026, under Sections
69, 115(2), 352, 351(3) of BNS, Police Station - Shahpur, District -
Gorakhpur, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the victim in her statement recorded u/s 183 BNSS has stated that she
does not wish to marry the applicant and proposes to withdraw the case.
As per her own statement, she is major aged about 20 years.
5. 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.
Accordingly, the bail application is allowed.
6. Let the applicant- Golu Rao @ Arjun Rao, 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.
BAIL No. 14223 of 2026
2
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 7, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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