Allahabad High Court
SMT SIKHA RAJPOOT AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Bail was granted to the applicants on the basis of the victim’s denial and lack of prior criminal record.
Summary
The applicants, Smt. Sikha Rajpoot and Virendra Kurmi, were arrested in Crime No. 752 of 2025 under Sections 137(2) and 87 of the BNS. They filed a bail application claiming false implication, noting that the victim’s statement under Section 183 BNSS denied any abduction or sexual assault and alleged that the victim’s father made false accusations against her brother and sister‑in‑law. The State opposed bail but could not refute the victim’s denial. The court examined the record, observed that the victim’s statement undermined the prosecution’s case and that the applicants had no prior criminal record, and therefore found a prima facie case for bail. Consequently, the court granted bail subject to personal bond, sureties and standard conditions, while reserving the right to cancel bail on breach.
Issues considered
- Whether bail should be granted to the accused when the victim’s statement denies the alleged offences.
- Whether the absence of criminal antecedents and the claim of false implication justify bail.
Legislation cited
Subjects
- bail
- false implication
- victim statement
- criminal antecedents
- Section 137
- Section 87
- Section 173(4)
- Section 183
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16457 of 2026
Smt Sikha Rajpoot And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Naveen Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, 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. 752 of 2025, under Sections 137(2),
87 of BNS, Police Station- Kotwali, District- Mathura.
3. The Learned counsel for the applicants submits that the applicants have
been falsely implicated in the present case, which has been lodged on an
application, filed under Section 173(4) BNSS. Learned counsel has
further contended that the victim in her statement under Section 183
BNSS has not made any allegation of abduction or any sexual assault
against the applicants. He further contends that the applicants have no
criminal antecedents and they are in jail since 17.12.2025.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail, however, could not dispute the fact that no allegation of
abduction or any sexual assault has been made in the statement of the
victim against the applicants, recorded under Section 183 BNSS.
5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
6. The applicants are said to be in jail since 17.12.2025. The F.I.R. has
BAIL No. 16457 of 2026
2
been lodged after about three months of the occurrence. The victim in her
statement under Section 183 BNSS has clearly denied that she was ever
abducted. She has stated that her father made false allegation against her
brother and sister-in-law (cousins).
7. Taking into account all the facts and circumstances of the case and the
fact that the victim in her statement under Section 183 BNSS has denied
being abducted by the applicants, prima facie, a case for bail is made out.
8. The bail application is allowed.
9. Let the accused-applicants- Smt. Sikha Rajpoot and Virendra Kurmi
, involved in above mentioned case crime number be released on bail, on
their 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 applicants will not tamper with the evidence.
ii. The applicants will not indulge in any criminal activity.
iii. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicants will appear regularly on each and every date fixed by
the trial court, unless their 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 their bail.
11. It is made clear that the applicants 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
BAIL No. 16457 of 2026
3
ensure early release of the applicants.
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
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