SAHILversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 32482 of 2026

Sahil
                                                              .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Rajesh Chandra Gupta, Sudheer Rana
Counsel for Opposite Party(s) : G.A.

Court No. - 72
                 HON'BLE VIVEK KUMAR SINGH, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant and the learned A.G.A. for the
State of U.P.

3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No.311 of 2026, under Sections 137(2) and 87 of
B.N.S., Police Station- Khaga, District- Fatehpur.

4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. As per the prosecution
case, the victim was about 16 years of age, and she has been enticed away by
the applicant. The alleged incident is said to have taken place on 28.07.2026,
whereas the FIR was lodged on 05.08.2026 under Sections 137(2) and 87 of
the BNS. The victim was recovered by the police on 05.08.2026. The
statement of the victim was recorded under Section 180 of the BNSS,
wherein she stated that she was about 19 years of age and that she was
brutally beaten by her family members, therefore, she left her house of her
own will. No allegation has been levelled by the victim against the applicant;
rather, she stated that she went to the house of her grandmother. It is further
contended that the victim stated in her statement recorded under Section 183
of the BNSS that she was in love with the applicant and that her marriage
was fixed by her family members with some other boy, therefore, she left
her house. She expressed her desire to live with the applicant. It is further
contended by the learned counsel for the applicant that no prima facie
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offence is made out against the applicant from a perusal of the statements of
the victim recorded under Sections 180 and 183 of the BNSS. The criminal
history of one case of the applicant has been well explained in paragraph no.
11 of the supplementary affidavit. Learned counsel for applicant further
submits that applicant has been languishing in jail since 09.08.2026 and in
case, he is released on bail, he will not misuse the liberty of bail and will
cooperate in trial.

5. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submitted that there is ample evidence against the applicant
regarding his involvement in the offence, therefore, he is not entitled to be
released on bail.

6. I have considered the rival submissions of the parties and perused the
record.

7. Having considered the rival submissions advanced by learned counsel for
the parties, the nature of accusations, the evidence brought on record, the
period of incarceration undergone by the applicant, explanation of criminal
antecedents, and without expressing any opinion on the merits of the case,
this Court finds that the applicant has made out a case for grant of bail.

8. Accordingly, the bail application is allowed.

9. Let the applicant- Sahil, who is involved in the aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
following conditions. Further, before issuing the release order, the sureties
be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the date fixed for evidence when the witnesses are
present in Court. In case of default of this condition, it shall be open for the
Trial Court to treat it as abuse of liberty of bail and pass orders in
accordance with law.

(ii) The applicant shall remain present before the Trial Court on each date
fixed, either personally or through his counsel. In case of his absence,
without sufficient cause, the Trial Court may proceed against him under
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                                    Section 229-A IPC/ 269 B.N.S.

                                    (iii) In case, the applicant misuses the liberty of bail during trial and in order
                                    to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S.,
                                    may be issued and if applicant fails to appear before the Court on the date
                                    fixed in such proclamation, then, the Trial Court shall initiate proceedings
                                    against him, in accordance with law, under Section 174-A IPC/ 209 B.N.S.

                                    (iv) The applicant shall remain present, in person, before the Trial Court on
                                    dates fixed for (1) opening of the case, (2) framing of charge and (3)
                                    recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the
                                    opinion of the Trial Court absence of the applicant is deliberate or without
                                    sufficient cause, then it shall be open for the Trial Court to treat such default
                                    as abuse of liberty of bail and proceed against him in accordance with law.

                                    10. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    11. It is made clear that observations made in granting bail to the applicant
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                          (Vivek Kumar Singh,J.)
                                    September 28, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad