Allahabad High Court
AJAYversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Bail was granted to the accused, subject to a personal bond and two sureties.
Summary
The accused Ajay applied for bail in criminal case No. 229 of 2026, charged under Section 137(2) for alleged enticement of a 17‑year‑old girl. The FIR was lodged by the victim’s father on the same day the girl left home, but the victim’s statement under Section 183 of the Evidence Act indicated that she left voluntarily, was not taken away, and that no sexual intercourse occurred with the accused. The accused has no prior criminal record and has been in custody since 28 July 2026. The State opposed bail but could not dispute these facts. After considering the victim’s statement and the lack of incriminating evidence, the Court granted bail without addressing the merits, directing the accused to furnish a personal bond and two sureties, relying on the Supreme Court’s recent bail guidelines in Girish Gandhi v. State of U.P. (2024) and Policy Strategy for Grant of Bail (2024).
Issues considered
- Whether bail should be granted in the enticement case given the victim’s voluntary departure and lack of incriminating statement
- Whether the accused’s clean record and the nature of the offence warrant bail during trial
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 137(2)
Subjects
- bail
- criminal procedure
- enticement
- victim statement
- no prior record
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33857 of 2026
Ajay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rupa
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Ms. Rupa, learned counsel for the accused-applicant and learned
A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Ajay to enlarge him on bail in Case Crime No. 229 of 2026, under
Sections 137(2), 87 BNS, P.S.- Etmadaula, District- Agra, during the
pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
F.I.R. of enticement has been lodged by father of victim aged about 17
years for her leaving the house on 16.07.2026, for which, the F.I.R. was
registered on the same day. Further submits that in the statement under
Section 183 BNSS, the victim has not uttered even an iota of word against
the accused-applicant and not even stated that she has been taken away
from her parental home. It is stated by the victim that she herself went
away from her parental house on being annoyed, as her parents refused to
perform her marriage with the accused-applicant. She herself went along
with him to Delhi, where they stayed at Dharamshala. Thereafter, on
27.07.2026, they returned at Agra and caught by the police at Rambagh.
The applicant has not committed any sexual intercourse with her. The
charge sheet is submitted. The applicant has no criminal history. The
applicant is in jail since 28.07.2026 and hence, the applicant seeks to be
released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the
BAIL No. 33857 of 2026
2
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 victim recorded under Section 183 BNSS.
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
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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