Allahabad High Court
SUNIL KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
Sunil Kumar was arrested in Crime No.57 of 2026 for alleged offences under Sections 69, 351(3) and 352 of the Indian Penal Code, accused of establishing a relationship with a 24‑year‑old woman on a false promise of marriage and later refusing to fulfil it. The prosecution alleged that the applicant misled the victim, while the defence contended that the relationship was consensual, the victim was a major, and there was no clinching evidence of deception. The applicant, who had been in custody since 25 March 2026, pleaded innocence and offered to cooperate with the trial. The State opposed bail, but the court, after considering the lack of substantive evidence and the victim’s majority, found a prima facie case for bail. Consequently, the court granted bail on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court.
Issues considered
- Whether bail should be granted in a case involving alleged false promise of marriage under IPC Sections 69, 351(3) and 352.
- Whether the absence of clinching evidence and the victim being a major justify granting bail.
- Whether the applicant has made out a prima facie case for bail despite the charges.
Legislation cited
- Indian Penal Code — s. 351(3), 352, 69
Subjects
- bail
- false promise of marriage
- IPC
- Section 69
- Section 351
- Section 352
- consensual relationship
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15291 of 2026
Sunil Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gyan Prakash Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.34 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Gyan Prakash Mishra, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.57 of 2026, under Sections 69,
351(3), 352 BNS, Police Station Obra, District Sonbhadra, 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
had later on refused to comply with the said promise.
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 a consenting party. It
is a clear cut case of consensual relationship between two major persons.
The victim is a 24 years old girl. 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. There is no criminal history of the applicant and he is in jail since
25.3.2026. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
BAIL No. 15291 of 2026
2
6. Learned A.G.A. has 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 the fact that victim is major and there being no clinching
evidence to suggest that the applicant misled her 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- Sunil Kumar, 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 6, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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