Allahabad High Court
DEEPUversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to be released on bail.
Summary
The accused, Deepi, applied for bail in a criminal case (Crime No. 257 of 2026) alleging false implication by the victim's father. The victim’s statement recorded under Section 183 BNSS indicated a consensual relationship with the accused and denied any enticement or sexual intercourse. The State opposed the bail, but the court considered the victim’s statement and the lack of substantive evidence against the accused. Relying on the Supreme Court’s recent bail jurisprudence, the court held that the accused is entitled to bail. Consequently, the bail application was allowed, subject to a personal bond and two sureties as per the court’s directions.
Issues considered
- Whether the accused is entitled to bail under Section 137(2) of the CrPC in view of the victim’s statement under Section 183 BNSS.
- Whether the allegation of false implication and enticement warrants denial of bail.
- Whether the accused’s prior criminal history affects the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2)
- Criminal Law (BNS) — s. 87 BNS
- Indian Evidence Act, 1872 — s. 183 BNSS
Subjects
- bail
- false implication
- victim statement
- Section 183
- Section 137
- personal bond
- sureties
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33633 of 2026
Deepu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hari Nath Chaubey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Hari Nath Chaubey, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Deepu to enlarge him on bail in Case Crime No. 257 of 2026, under
Sections 137(2), 87 BNS, P.S.- Sajeti, 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 by the father of victim for enticement.
It is further contended that the statement of victim recorded under Section
183 BNSS, clearly reveals that the accused/applicant and the victim are in
touch and in love relation for last three years. She further stated that she
went along with accused/applicant on her own will and volition and there is
no enticement. No sexual intercourse entered into between the parties. The
statement of victim is in favour of accused/applicant. The applicant has
criminal history of one case, which is not attributed to the accused/applicant.
The accused applicant is languishing in jail since 13.08.2026. He seeks
enlargement of accused on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
BAIL No. 33633 of 2026
2
6. Considering the statement of victim recorded under Section 183 BNSS,
the accused/applicant is entitled to be released on bail.
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 29, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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