Allahabad High Court

ROSHAN @ AKASHversusSTATE OF U.P.

Decided: 13 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court granted bail to the applicant, finding a prima facie case for release.

Summary

The High Court considered a bail application filed by Roshan @ Akash, who was named in an FIR under Sections 137(2) and 87 of the B.N.S. for an alleged abduction. The applicant contended that the victim’s statement under Section 183 BNSS indicated a consensual relationship and no offence, asserting false implication and lack of criminal antecedent. The State opposed bail but could not point to any prior offences. After reviewing the victim’s statement and the circumstances, the Court found a prima facie case for bail and imposed standard conditions, including non‑tampering with evidence and regular court appearances. Consequently, the Court ordered the applicant’s release on bail upon furnishing a personal bond and two sureties.

Issues considered

Whether the applicant, though named in the FIR, is entitled to bail given the victim’s statement exonerating him.
Whether the absence of criminal antecedent and lack of substantive evidence constitute a prima facie case for bail.
Whether the conditions imposed are sufficient to safeguard the trial process.

Legislation cited

B.N.S. — s. 137(2), 183, 87

Subjects

bail
false implication
FIR
Section 183
prima facie case
conditions of bail
criminal antecedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16512 of 2026

Roshan @ Akash
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                :   Mehendra Kumar Singh
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 of B.N.S., Police Station- Ait, District- Jalaun.

3. The Learned counsel for the applicant has contended that the
applicant has been falsely implicated in the present case. The applicant
has not abducted the victim. The applicant although named in the F.I.R.,
the victim in her statement, recorded u/s 183 BNSS, has not made any
allegation against the applicant. The applicant has no criminal antecedent
and he is in jail since 8.3.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail, however, he could not point out any criminal antecedent of
the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The applicant although is named in the F.I.R., a perusal of the
statement of the victim under Section 183 BNSS indicates that she was in
love with the applicant and no offence has been stated to be committed by
the applicant. The victim in her statement has claimed to be 18 years of
age and had voluntarily gone to Rajasthan with the applicant. She did not
                                                         BAIL No. 16512 of 2026
                                2


marry the applicant and returned back. She has stated in her statement that
she wants to go with the applicant.

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- Roshan @ Akash, 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.

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.
                                                            BAIL No. 16512 of 2026
                                                   3



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




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

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