RAMESH JAISWALversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16437 of 2026

Ramesh Jaiswal
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)         : Archit Mishra, Saurabh Chaturvedi
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. 12 of 2026, under Sections 137(2),
87, 61(2) of B.N.S., Police Station- Suriyawan, District- Bhadohi.

3. The Learned counsel for the applicant has contended that the
applicant has been falsely implicated in the present case. The applicant
never abducted the victim. The victim is said to be a friend of the
applicant's daughter and the role of the applicant, as given in the
statement u/s 183 BNSS of the victim, is neither of abduction nor of
sexual assault on the victim. A charge sheet has been filed and the
applicant is no longer required for any custodial interrogation. The
applicant has no criminal antecedents and he is in jail since 19.2.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant had kept the victim at
his home for 6-7 days and thereafter, on coming to know that the police
was looking for the victim, handed over the victim to the co-accused
Dilshad who took her to Pune and also committed rape upon her. The
applicant is also involved in the occurrence and he cannot be considered
for grant of bail. Learned A.G.A. has further contended that the applicant
has a criminal history of one case under the Essential Commodities Act.
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5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. Perusal of the statement u/s 183 BNSS of the victim, indicates that the
victim was beaten by her aunt (chachi), as she used to talk to a classmate
of hers. The victim is said to have gone to the house of her friend, who is
the daughter of the applicant. The applicant is said to have kept the victim
for 6-7 days at his own home, whereafter, the applicant allegedly on
coming to know that the police was searching for the victim, handed her
over to his friend Dilshad Ali. Further allegations in the statement of the
victim indicate that co-accused Dilshad subjected her to rape and she was
also recovered from the possession of Dilshad. From the consideration of
the statement of the victim, recorded under Section 183 BNSS, in the
prima facie opinion of this Court, no offence of abduction is made out.
The applicant is not stated to have sexually assaulted the victim. Neither
the victim has been recovered from the possession of the applicant nor has
any incriminating material been recovered from the possession or on the
pointing out of the applicant. The applicant is in jail since 19.2.2026.

7. Taking into account the entire facts and circumstances of the case,
prima facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Ramesh Jaiswal, 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
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                                    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.

                                    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.

                                    13. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and are not to be considered to be an opinion on
                                    the merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 14, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad