Allahabad High Court
SHAHABAJversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed, and the accused is released on bail upon furnishing a personal bond and sureties.
Summary
The accused Shahabaj applied for bail in a criminal case (Crime No. 417 of 2026) alleging false implication. He argued that the victim’s statement under Section 183 of the CrPC showed she voluntarily visited his house and no wrongdoing occurred, and that he has no prior criminal record. The State opposed the bail. The Court considered the victim’s statement and relevant Supreme Court precedents, and concluded that the applicant is entitled to bail. Without addressing the merits of the case, the bail was granted on condition of a personal bond and two sureties. The accused was directed to cooperate with the judicial process for a speedy disposal.
Issues considered
- Whether the accused is entitled to bail during trial based on the victim's statement under Section 183 of the CrPC and claim of false implication.
- Whether the bail can be granted without delving into the merits of the underlying criminal case.
- Application of Supreme Court precedents on bail grant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 183
Subjects
- bail
- false implication
- victim statement
- Section 183 CrPC
- Criminal Procedure Code
- Supreme Court precedent
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33247 of 2026
Shahabaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohan Kant Baghel
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Moinuddin Sultani, learned counsel holding brief for accused
applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Shahabaj to enlarge him on bail in Case Crime No. 417 of 2026, under
Sections 137(2), 87 BNS, P.S.- Rasoolpur, District- Firozabad, 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 07.08.2026 lodged by
mother of the victim for enticement. In the statement of victim recorded
under Section 183 BNSS, she specifically stated that she knows the
accused applicant and she went to the house of applicant to meet with him
on her own. The accused applicant has not committed any wrong act with
her. The applicant has no criminal history. The charge sheet is submitted.
The accused applicant is languishing in jail since 11.08.2026. 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.
BAIL No. 33247 of 2026
2
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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