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Allahabad High Court

NEGI KHANversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicant because he was not named in the victims' statements, had no criminal antecedents, and his case was analogous to that of the co-accused who had already been released on bail.

Summary

The High Court considered a bail application filed by Negi Khan, who was named in an FIR but not mentioned in the victims' statements under Section 183. The applicant claimed false implication and pointed out that the co-accused, Lakhan, had already been granted bail. The State opposed bail but could not dispute Lakhan's release. The court observed that the victims' statements did not implicate the applicant, there was no prima facie offence, and the applicant had no criminal antecedents, making his situation comparable to the co-accused. Consequently, the court granted bail subject to standard conditions, including not tampering with evidence and appearing before the trial court.

Issues considered

  • Whether the applicant, Negi Khan, is entitled to bail despite being named in the FIR but not in the victims' statements.

Legislation cited

Subjects

  • bail
  • false implication
  • FIR
  • victim statements
  • criminal antecedents
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15561 of 2026

Negi Khan
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Jigyasha Tripathi, Surendra Kumar
                                Tripathi
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. 741 of 2025, under Sections 137(2),
87 of the B.N.S., Police Station- Kotwali, District- Mathura.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. Learned counsel further
contends that the applicant has no concern with the crime in question. The
First Information Report (FIR) although has been lodged against the
applicant, however, the victims in their statements under Section 183
B.N.S.S., have not named the applicant and have only named the co-
accused Lakhan. In their statements under Section 183 B.N.S.S., the
victims have stated that they had left their house as their mother had
scolded them and then had returned on their own will. They had not been
detained by the applicant or the co-accused Lakhan and there is also no
allegation of sexual assault. The learned counsel has further submitted
that co-accused Lakhan has been granted bail by this Court in Bail
Application No.9803 of 2026.
4. The learned A.G.A. has opposed the prayer for bail, however, could not
dispute the fact that the co-accused Lakhan has been granted bail by this
Court and the case of the applicant stands on a similar footing.
5. I have considered the submissions made by the learned counsel for the
parties.
                                                                                             BAIL No. 15561 of 2026
                                                                    2

                                    6. The applicant although named in the FIR, is not mentioned in the
                                    statement of the victims under Section 183 B.N.S.S. From a perusal of the
                                    statement of the victims recorded under Section 183 B.N.S.S., prima facie
                                    it appears that no offence has been committed. The applicant has no
                                    criminal antecedents and his case is at par with that of the co-accused
                                    Lakhan.
                                    7. Taking into account the facts and circumstances of the case,
                                    enumerated above and without expressing any opinion on the merits of
                                    the case, I deem it appropriate to grant bail to the applicant.
                                    8. Let the applicant - Negi Khan, involved in the aforementioned crime
                                    be released on bail, on his furnishing a personal bond and two 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.
                                    9. In the event of breach of any of the aforesaid conditions, the Court
                                    below will be at liberty to proceed to cancel his/her bail.
                                    10. 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.
                                    11. 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 7, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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