Allahabad High Court
ANURAGversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed without touching the merits of the case.
Summary
The accused Anurage applied for bail in a criminal case (Crime No. 135 of 2026) under Sections 137(2) and 87 of the CrPC, alleging that the FIR for enticement was filed by the victim's father and that the victim’s statement under Section 183 indicated no enticement or sexual intercourse. The applicant had no prior criminal record and had been in custody since 08‑06‑2026. The State opposed bail but did not dispute the factual matrix. The Court, after considering the victim’s statement and the submissions, granted bail without addressing the merits of the case, directing the applicant to furnish a personal bond and two sureties, citing Supreme Court precedents on bail policy. The accused was ordered to cooperate with the judicial process for a speedy disposal of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 137(2) CrPC in view of the victim’s statement under Section 183.
- Whether the absence of a criminal record and lack of evidence of sexual intercourse justify bail.
- How the Supreme Court’s dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in re influence the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 183
Subjects
- bail
- Criminal Procedure Code
- Section 137(2)
- Section 183
- victim statement
- Supreme Court precedent
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33886 of 2026
Anurag
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinod Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Shyam Singh, learned advocate, holding the brief, appeared
for the accused-applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Anurag to enlarge him on bail in Case Crime No. 135 of 2026, under
Sections 137(2), 87 BNS, P.S.- Linepar, District- Firozabad, 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 16 years for
her leaving the house on 06.06.2026, for which, the F.I.R. was registered
on 07.06.2026. The statement of victim recorded under Section 183
BNSS is in favour of the applicant, wherein she has stated that she has not
been enticed. The applicant has not committed any sexual intercourse
with her. The applicant has no criminal history. The charge sheet is
submitted. The applicant is in jail since 08.06.2026 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
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.
BAIL No. 33886 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
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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