Allahabad High Court

SONUversusSTATE OF U.P.

Decided: 5 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court held that, given the delayed FIR, lack of criminal antecedents, and the victim’s own statement denying abduction, bail must be granted.

Summary

The High Court considered a bail application filed by Sonu, who was arrested in Crime No. 482 of 2025 under Sections 137(2) and 87 of the B.N.S. The applicant claimed he was falsely implicated in an alleged abduction, stating that the victim’s statement under Section 183 BNSS indicated a consensual relationship and no abduction allegation. The FIR was lodged more than a month after the alleged incident, and the applicant had no prior criminal record. The State could not refute the lack of antecedents or the victim’s statements. Weighing these facts, the Court found no risk of tampering or flight and ordered the applicant released on bail subject to standard conditions.

Issues considered

Whether bail should be granted to an accused falsely implicated in an alleged abduction case
Whether the delay in filing the FIR and the victim’s statement negate the seriousness of the charge
Whether the absence of criminal antecedents warrants bail

Legislation cited

B.N.S. — s. 137(2), 87
BNSS — s. 183

Subjects

bail
false implication
abduction
criminal antecedents
Section 137
Section 87
Section 183
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15396 of 2026

Sonu
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Bindu Kumari
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.482 of 2025, under Section 137(2), 87
of B.N.S., Police Station- Chopan, District- Sonbhadra.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant had never
abducted the victim. He further contends that the victim in her statement
recorded under Section 183 BNSS has clearly stated that the applicant and
the victim were in love with each other and on the parents coming to
know of the affection between the applicant and the victim, a complaint
was moved at the police station. He further contends that the applicant is
having no criminal antecedents and if enlarged on bail, he will not
abscond and will cooperate in the expeditious disposal of the trial. The
applicant is in jail since 20.01.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
has been unable to dispute the fact that the applicant has no criminal
antecedents.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
BAIL No. 15396 of 2026
2

6. The First Information Report has been lodged with a delay of almost
one month and seven days. The victim has not been recovered from the
possession or the pointing out of the applicant. There are no allegation of
sexual assault or establishing physical relations against her in the
statement recorded under Section 183 BNSS of the victim. The victim
claims to be in love with the applicant. She has also not made any
allegation of abduction against the applicant. The applicant has no
criminal antecedents and is in jail since 20.01.2026.

7. Taking into account all the facts and circumstances of the case, I deem
it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Sonu, 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
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.
BAIL No. 15396 of 2026
3

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 6, 2026
Sachin

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

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