Allahabad High Court
VIJAY LAL YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
Bail may be granted without touching the merits of the case as the victim’s statement under Section 183 does not implicate the accused and the applicant’s right to liberty outweighs the allegations.
Summary
The accused Vijay Lal Yadav applied for bail in a case registered under Sections 137(2), 87 and 61(2) of the CrPC concerning an alleged enticement of a 14‑year‑old girl. The victim’s statement under Section 183 indicated that she left home voluntarily, lived in a forest area for ten days, and married the accused without any sexual intercourse, and she made no incriminating statement against him. The applicant has five prior criminal cases, four of which he is already out on bail, and he has been in custody since 25‑06‑2026. The State opposed bail but could not refute the victim’s statement. After considering the submissions and the victim’s statement, the court granted bail without examining the merits, directing the applicant to furnish a personal bond and two sureties, relying on Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail.
Issues considered
- Whether bail should be granted to the accused under the CrPC provisions given the nature of the alleged offence and the victim’s statement.
- Whether the applicant’s criminal history and pending cases justify denial of bail.
- Whether the court may grant bail without addressing the merits of the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 183, 61(2), 87
Subjects
- bail
- Criminal Procedure Code
- Section 183 statement
- victim testimony
- criminal history
- Supreme Court precedent
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33163 of 2026
Vijay Lal Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Prakash Yadav, Krishna Nand
Yadav
Counsel for Opposite Party(s) : G.A., Kiran Rani, Laloo Yadav
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Krishna Nand Yadav, learned counsel for the applicant hands up the
supplementary affidavit explaining the criminal history. The same is taken
on record.
1A. Heard Sri Yadav, learned counsel for the accused-applicant, Sri
Laloo Yadav, learned counsel for the informant and learned A.G.A. for
the State.
2. The present bail application has been moved by the applicant accused-
Vijay Lal Yadav to enlarge him on bail in Case Crime No. 08 of 2026,
under Sections 137(2), 87, 61(2) BNS, P.S.- Parasamalik, District-
Maharajganj, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
F.I.R. of enticement has been lodged by father of victim aged about 14
years for her leaving the house on 16.01.2026, for which, the F.I.R. was
registered on 17.01.2026. Further submits that in the statement under
Section 183 BNSS, the victim has not uttered even an iota of word against
the accused-applicant and not even stated that she has been taken away
from her parental home. It is stated by the victim that she herself went
away from her parental house on being annoyed and went to Luthawa
ghat, nearby forest, where she lived for 10 days and met with the
applicant and married. There is no sexual intercourse between them. The
charge sheet is submitted. The applicant has five cases criminal history, in
BAIL No. 33163 of 2026
2
which, in four cases, he is on bail and in one case, the bail application is
pending. The applicant is in jail since 25.06.2026 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 statement of victim recorded under Section 183 BNSS.
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.)
October 1, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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