Allahabad High Court

KHUSHBUversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

Bail was granted to the applicant.

Summary

The Allahabad High Court considered a bail application filed by Khushbu, who is accused in Criminal Case No. 87 of 2026 under IPC sections 137(2), 3(5), 142 and 143(4) for alleged child abduction. Counsel for the applicant contended that she is innocent, that there is no direct evidence against her, and that she should be granted bail on the same footing as co‑accused who had already obtained bail. The State opposed the application but did not dispute the factual submissions. Weighing the nature of the allegation, the period of custody and the gravity of the offence, the court held that the case is fit for bail without expressing an opinion on the merits. Accordingly, bail was granted on a personal bond and two sureties, subject to conditions prohibiting evidence tampering, intimidation of witnesses, further offences and inducement of persons acquainted with the facts, with the power to cancel bail on breach.

Issues considered

Whether bail should be granted to the accused Khushbu in a child‑abduction case under IPC sections 137(2), 3(5), 142 and 143(4) considering the lack of direct evidence and parity with co‑accused who have been released on bail.

Legislation cited

Indian Penal Code — s. 137(2), 142, 143(4), 3(5)

Subjects

bail
child abduction
IPC
parity
sureties
criminal procedure
evidence tampering
witness intimidation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22887 of 2026

Khushbu
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ravindra Sharma
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant, learned A.G.A for the State and
perused the record.

The applicant is involved in Case Crime No. 87 of 2026, under Sections-
137(2), 3(5), 142, 143(4) BNS, Police Station - Islamnagar District -
Budaun.

Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that there is no direct evidence against the applicant for abducting the
child. The abducted child was recovered from the house/possession of
wife of co-accused Sonu. It is also submitted that applicant is having no
concern with the allegations levelled against her and she has not
committed any offence as alleged by prosecution. It is next submitted that
the co-accused namely Sonu, Dinesh, Pooja and Smt. Babli have already
been granted bail by this Court vide orders dated 1.9.2026, 25.05.2026,
20.05.2026 and 03.06.2026 passed in Criminal Misc. Bail Application
Nos. 24575 of 2026, 17788 of 2026, 17328 of 2026 and 18103 of 2026.
The applicant's case is identical to the co-accused Sonu and she is also
entitled to bail on the ground of parity. The applicant is in jail since
20.04.2026. Learned counsel for the applicant has further submitted that if
the applicant is released on bail, the applicant would not misuse liberty of
bail and is ready to co-operate in the trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the
BAIL No. 22887 of 2026
2

aforesaid fact as argued by learned counsel for the applicant.

Considering the submission of learned counsel for the parties, facts of the
case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.

Let the applicant - Khushbu involved in the aforesaid case be released
on bail on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned subject to following
conditions:

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.

In case of breach of any of the above conditions, the court below shall be
at liberty to cancel the bail.

(Jai Prakash Tiwari,J.)
September 8, 2026
Brijesh

Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad

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