Allahabad High Court
BHOOP NARAYANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that, based on the victim’s voluntary statement and lack of criminal antecedents, the accused is entitled to bail.
Summary
Bhoop Narayan was arrested in connection with FIR dated 23.06.2026 lodged by the victim's father alleging enticement. The victim’s statement under Section 183 BNSS indicated she went with the accused voluntarily and no wrongdoing occurred. The accused, having no prior criminal record, had been in custody since 24.06.2026 and sought bail. The State opposed the bail, but the court, considering the victim’s statement and Supreme Court precedents (Girish Gandhi v. State of UP and Policy Strategy for grant of bail), allowed the bail application. The court ordered release on personal bond with two sureties, directing the accused to cooperate with the judicial process.
Issues considered
- Whether the accused is entitled to bail in view of the victim’s voluntary statement under Section 183 BNSS.
- Whether the FIR and allegations constitute sufficient ground to deny bail under Sections 137(2) and 87 of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 183, 87
Subjects
- bail
- criminal procedure
- victim statement
- false implication
- Section 137(2)
- Section 183
- Supreme Court precedent
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32322 of 2026
Bhoop Narayan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Roopesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
Order on Criminal Misc. Amendment Application
1. Sri Roopesh Kumar Mishra, learned counsel for applicant hands up
amendment application to amend the 'Case Crime No. 268 of 2026' in
place of 'Case Crime No. 286 of 2026'.
2. Amendment application is allowed.
3. The necessary amendment be carried out by applicant during the course
of the day and counter signed by the Bench Secretary of the Court.
Order on Bail Application
1. Heard Sri Mishra, learned counsel for accused applicant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Bhoop Narayan to enlarge him on bail in Case Crime No. 268 of 2026,
under Sections 137(2), 87 BNS, P.S.- Kotwali Sadar, District- Fatehpur,
during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 23.06.2026 lodged by
father of the victim for enticement. In the statement of victim recorded
under Section 183 BNSS, she specifically stated that she went with
accused applicant on her own. The accused applicant has not committed
BAIL No. 32322 of 2026
2
any wrong act with her. The applicant has no criminal history. The
accused applicant is languishing in jail since 24.06.2026. He seeks
enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the statement of victim recorded under Section 183 BNSS,
the accused/applicant is entitled to be released 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 18, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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