Allahabad High Court
VIRENDRA @ CHHOTEversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that, given the victim’s statement under Section 183 CrPC indicating no physical relationship and the accused’s lack of prior criminal history, the accused is entitled to be released on bail.
Summary
The accused, Virendra (also known as Chhote), applied for bail in a case registered under Sections 363 and 366 IPC, with the bail petition filed under Sections 137(2) and 183 of the Criminal Procedure Code. He claimed he was falsely implicated, asserting that the victim’s mother’s statement under Section 183 indicated no physical relationship between him and the victim and that the victim herself wanted to marry him. The accused has no prior criminal record and has been in custody since 5 August 2026. The State opposed the bail, but the court, after considering the victim’s statement and the lack of a criminal antecedent, decided the applicant was entitled to bail. Consequently, the bail was granted on the condition of a personal bond and two sureties, referencing Supreme Court precedents on bail policy.
Issues considered
- The applicability of bail under Sections 137(2) and 183 CrPC in the present case
- Whether the victim’s statement under Section 183 CrPC negates the seriousness of the alleged offences under Sections 363 and 366 IPC
- Whether the accused’s clean criminal record and the fact that a charge‑sheet has been filed justify the grant of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 183
- Indian Penal Code — s. 363, 366
Subjects
- bail
- Criminal Procedure Code
- Indian Penal Code
- false implication
- victim statement
- personal bond
- sureties
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33289 of 2026
Virendra @ Chhote
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pawan Kumar Patel
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Pawan Kumar Patel, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Virendra @ Chhote to enlarge him on bail in Case Crime No. 163 of
2026, under Sections 137(2), 87 BNS (under Sections 363, 366 IPC),
P.S.- Shivrajpur, District- Kanpur Nagar, 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 29.07.2026 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 left her parental home on her own. There is no
physical relation between the two. She wants to marry with the accused
applicant. The accused applicant has no criminal history. Charge sheet is
submitted. The accused applicant is languishing in jail since 05.08.2026.
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. 33289 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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