Allahabad High Court
ANGIRA DEVIversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court granted bail to the accused, allowing her release on personal bond and sureties.
Summary
The accused, Angira Devi, applied for bail in a criminal case (Crime No. 187 of 2026) alleging false implication in an FIR filed by a victim's brother. She contended that the alleged victims were friends who voluntarily accompanied her and that there was no injury, as shown by the medical report, and that she lacked mens rea. The State opposed the bail but did not dispute the factual contentions. The Court examined the statements of the victims and the informant, and without addressing the merits of the case, decided to grant bail. Accordingly, the Court ordered her release on personal bond and two sureties, citing Supreme Court precedents on bail policy.
Issues considered
- Whether bail should be granted to the accused under Section 137(2) of the CrPC given the alleged facts of false implication.
- Whether the absence of injury and lack of mens rea justify bail.
- Whether the court can grant bail without delving into the merits of the case.
Legislation cited
- BNS — s. 87
- Code of Criminal Procedure, 1973 — s. 137(2)
Subjects
- bail
- false implication
- Criminal Procedure Code
- Section 137
- Section 87
- mens rea
- medical report
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33295 of 2026
Angira Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Rahul Kumar Pandey, learned counsel for the accused-
applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant
Angira Devi to enlarge her on bail in Case Crime No. 187 of 2026, under
Sections 137(2), 87 BNS, P.S.- Vishnupura, District- Kushinagar, during
the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has been falsely implicated in F.I.R. dated 07.07.2026
lodged by the brother of one of the victim, who was taken away by the
accused-applicant, a married lady. Further contended that the two alleged
victims in their statements have stated that they are friends and went
along with the accused-applicant. They hailed from the same village and
were taken to the matrimonial home of the accused-applicant at
Shahjahanpur. Later on, they have returned to their families. Further
contended that there was no injury as is shown in the medical report. It
was not the enticement and the accused-applicant has been falsely
implicated. The learned counsel has drawn the attention of this Court
towards the statement of informant after return of his sister that his sister
went somewhere, although the F.I.R. has been lodged prior to it,
specifically against the accused-applicant. She is a 23 years old married
lady and having no mens rea to commit any offence. The charge sheet is
submitted. The applicant has no criminal history. The applicant is in jail
since 11.07.2026 and hence, the applicant seeks to be released on bail.
BAIL No. 33295 of 2026
2
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 victims and the informant was well as the
role of accused-applicant.
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
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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