Allahabad High Court
RAGHUNANDANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed; the accused is entitled to be released on bail upon furnishing a personal bond and sureties.
Summary
The accused, Raghunandan, sought enlargement of bail in a criminal complaint (Case No. 211 of 2023) alleging offences under Sections 493, 504 and 506 of the IPC, arising from a dispute with the complainant over a cohabitation‑marriage relationship. The complainant had initially filed an application under Section 156(3) of the CrPC, which the police later converted into a formal complaint, leading to cognizance and summons of the accused. Raghunandan, who is an adult and has been in custody since 30 June 2026, argued that the relationship was consensual, that both parties are adults, and that his prolonged detention warranted bail. The State, represented by the Advocate General, opposed the bail on the ground of the seriousness of the alleged offences. The Court, noting the adult status of the parties, the strained relationship, and the length of incarceration, applied the Supreme Court’s bail guidelines from Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for grant of bail in re (2024) 10 SCC 685, and allowed the bail application without addressing the merits of the case. Consequently, the accused was ordered to be released on personal bond and two sureties each, subject to the court’s satisfaction.
Issues considered
- Whether bail should be granted to the accused in a pending trial under IPC Sections 493, 504 and 506.
- Whether the adult status of the parties and the duration of pre‑trial detention justify bail.
- How the Supreme Court’s 2024 bail guidelines (Girish Gandhi and Policy Strategy cases) apply to the present matter.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 156(3)
- Indian Penal Code — s. 493, 504, 506
Subjects
- bail
- Criminal Procedure Code
- Indian Penal Code
- adultery
- criminal intimidation
- adult relationship
- pre‑trial detention
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31976 of 2026
Raghunandan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ray Sahab Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Ray Sahab Yadav, learned counsel for accused applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Raghunandan to enlarge him on bail in Complaint Case No. 211 of
2023, under Sections 493, 504 and 506 IPC, P.S.- Haliya, District-
Mirzapur during the pendency of trial.
3. It is the contention of learned counsel for accused applicant that the
accused applicant has been implicated by the complainant for the
practicing deceit of being married to cohabit and entered into sexual
relatioin. It is further contended that the accused applicant and the
complainant/victim are major. There was relations between them. Later,
the applicant was forced to enter into a marriage. The complainant has
moved an application under Section 156(3) CrPC, but on police report,
the same was converted to complaint. After the statements of the
complainant and witnesses, the cognizance has been taken and the
accused was summoned. It is further contended that he has moved a
petition for declaring the marriage between the parties as void. The
accused applicant has one case criminal history, in which, he is on bail.
The applicant is languishing in jail since 30.6.2026. He is facing trial. He
seeks enlargement of accused on bail.
4. Learned A.G.A. has opposed the bail application.
BAIL No. 31976 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the relation between two adult turning sour and his long
incarceration, the accused applicant is entitled to be enlarged on bail.
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 23, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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