Allahabad High Court
AJAYversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Bail was granted as the case was deemed a no‑injury matter and the merits were not examined.
Summary
Ajay was arrested in connection with an FIR alleging that he, along with two others, abducted Rohit over a money dispute. He has been in custody since 04‑06‑2026 and filed a bail application under CrPC provisions. The State opposed bail but did not dispute the factual background. The Court examined the submissions, noted that the case involved no injury and that one co‑accused had not been charge‑sheeted, and therefore, without addressing the merits, granted bail. Ajay was ordered to be released on personal bond and two sureties, subject to the Supreme Court’s recent bail guidelines.
Issues considered
- Whether bail should be granted in an abduction case pending trial under CrPC provisions
- Whether the nature of the alleged offence (no injury) warrants bail
- Whether the presence of a co‑accused not charge‑sheeted affects bail considerations
Legislation cited
- Code of Criminal Procedure, 1973 — s. 140(1), 3/5 BNS
Subjects
- bail
- abduction
- Criminal Procedure Code
- no injury case
- personal bond
- sureties
- pending trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28714 of 2026
Ajay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Chaturvedi
Counsel for Opposite Party(s) : G.A., Shashi Prakash Pandey
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Satya Prakash Chaturvedi, learned counsel for the accused-
applicant hands up the rejoinder affidavit. The same is taken on record.
1A. Heard Sri Chaturvedi, learned counsel for the accused-applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant
Ajay to enlarge him on bail in Case Crime No. 93 of 2026, under Sections
140(1), 3/5 BNS, P.S.- Aata, District- Jalaun, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
accused-applicant is named in F.I.R. dated 02.06.2026 lodged by the Smt.
Priyanka with the allegation that the three named including the accused-
applicant along with 3-4 anonymous persons had abducted her husband
Rohit.It is alleged in the F.I.R. that the informant's husband was returning
home from visiting market, when he was intercepted by the accused
persons who abducted him. Further contended that there is money
transaction between the parties, which led to the alleged abduction.
Further contended that it was not the abduction, but the abductee is real
relative of the accused-applicant. There was some unpaid money, which
the abductee assured to pay, which he was not paying as such, he was
accompanied him to Delhi. Further contended that out of the three
persons, named in the F.I.R., the complicity of one of the accused Gultu,
has not been found during investigation and he has not been charge
sheeted. The charge sheet is submitted. The applicant has no criminal
BAIL No. 28714 of 2026
2
history. The applicant is in jail since 04.06.2026 and hence, the applicant
seeks to be released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the
applicant, but could not dispute the aforesaid facts.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered the role of accused-applicant and it is a no injury case.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 24, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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