Allahabad High Court
DHEERAJ ALIAS BOBYversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the accused pending trial.
Summary
The High Court of Allahabad considered a bail application filed by Dheeraj alias Boby in Criminal Case No. 0129 of 2025, which alleged offences under sections 64(1), 123, 87, 61(2), 351(2) and 352 of the BNS. The victim, a 22‑year‑old woman, claimed the accused spiked her drink during a trip to Mumbai, but her statement recorded under section 183 BNSS indicated she did not raise any alarm. The court held that the allegation of spiking is a factual issue to be tested at trial and, without expressing an opinion on the merits, found a prima facie case for bail. Accordingly, the court ordered the release of the applicant on a personal bond and two sureties, subject to conditions that he not tamper with evidence, intimidate witnesses, and must appear before the trial court as required. The order further warned that breach of any condition would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused pending trial for offences under sections 64(1), 123, 87, 61(2), 351(2) and 352 of the BNS, considering the victim’s statement and the nature of the allegations.
Legislation cited
- BNS — s. 123, 351(2), 352, 61(2), 64(1), 87
Subjects
- bail
- criminal procedure
- sections 64(1)
- section 123
- section 87
- section 61(2)
- section 351(2)
- section 352
- victim statement
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25166 of 2025
Dheeraj Alias Boby
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishi Kesh Malviya
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 111 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rishi Kesh Malviya, learned counsel for the applicant and Sri
Deepak Kumar Singh, learned A.G.A. for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 0129 of 2025, under Sections
64(1), 123, 87, 61(2), 351(2), 352 of BNS, Police Station - Roravar,
District - Aligarh, during the pendency of trial.
4. Having heard learned counsel for the parties, this Court finds that the
statement of the victim recorded u/s 183 BNSS indicates that she had
accompanied the applicant to Mumbai and did not raise any alarm.
Although she has alleged that the applicant had spiked her drink and
incapacitated her, the said aspect is a matter to be tested during trial. The
victim is a major, aged about 22 years.
5. Without expressing any opinion on the merits of the case, prima facie
the Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
6. Let the applicant- Dheeraj Alias Boby, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
BAIL No. 25166 of 2025
2
before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 2, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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