Allahabad High Court
VINEETversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court held that the accused is entitled to bail, granting the application without addressing the merits of the case.
Summary
Vineet applied for bail in a criminal case (Crime No. 191 of 2025) arising from an FIR dated 07.05.2025 filed by the victim's mother alleging enticement. The victim, in a statement recorded under Section 183 BNSS, testified that she visited a friend's house of her own volition and does not know the accused. The applicant has no prior criminal record and has been in custody since 19.08.2026, with a charge sheet already filed. The State opposed the bail, but the Court, after considering the victim's statement, held that the applicant is entitled to bail without delving into the merits of the case. The bail was granted on the condition of a personal bond and two sureties, following the Supreme Court guidelines in Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for Grant of Bail in Re (2024) 10 SCC 685. The Court directed the accused to cooperate with the judicial process for a speedy disposal of the trial.
Issues considered
- Whether the accused Vineet is entitled to bail during the pendency of trial in view of the victim's statement and lack of prior criminal record.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 137(2), 87
Subjects
- bail
- false implication
- victim statement
- personal bond
- sureties
- Supreme Court precedent
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33811 of 2026
Vineet
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Shankar Kaithal
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Shiv Shankar Kaithal, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Vineet to enlarge him on bail in Case Crime No. 191 of 2025, under
Sections 137(2), 87 BNS, P.S.- Mangalpur, District- Kanpur Dehat,
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 07.05.2025 lodged by
mother of the victim for enticement. In the statement of victim recorded
under Section 183 BNSS, she specifically stated that she went to the
house of her friend at Ghatampur on her own. She does not know the
accused applicant and she wants to live with her parents. The applicant
has no criminal history. Charge sheet is submitted. The accused applicant
is languishing in jail since 19.08.2026. 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. 33811 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 23, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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