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Allahabad High Court

PRIYANSHUversusSTATE OF U.P.

Decided

Holding

The court held that, in view of the victim’s statement under Section 183 of the CrPC, the accused is entitled to bail.

Summary

Priyanshu, accused in FIR dated 17.03.2026 under Sections 137(2) and 87 BNS for alleged enticement, applied for bail while the trial is pending. He contended that the FIR was false and that the victim’s statement recorded under Section 183 of the CrPC shows a consensual relationship with no sexual intercourse, supporting his claim of innocence. The State opposed the bail. The court, after considering the victim’s statement and the lack of prior criminal history, held that the applicant is entitled to bail. Relying on Supreme Court precedents 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 granted bail on personal bond and two sureties. The accused was directed to cooperate with the judicial process for speedy disposal of the case.

Issues considered

  • Whether the accused is entitled to bail in the pending trial for alleged enticement under Sections 137(2) and 87 BNS.
  • Whether the victim’s statement under Section 183 of the CrPC negates the charge of enticement and justifies bail.

Legislation cited

Subjects

  • bail
  • false implication
  • victim statement
  • Criminal Procedure Code
  • personal bond
  • sureties
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 33937 of 2026

Priyanshu
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                 :   Sunil Kumar Srivastava
Counsel for Opposite Party(s)            :   G.A.

Court No. - 69
                     HON'BLE AVNISH SAXENA, J.

1. Heard Sri Sunil Kumar Srivastava, learned counsel for accused applicant
and learned A.G.A. for State.

2. The present bail application has been moved by the applicant/ accused-
Priyanshu to enlarge him on bail in Case Crime No. 133 of 2026, under
Sections 137(2), 87 BNS, P.S.- Bithari Chainpur, District-Bareilly, during
the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in the FIR dated 17.03.2026 lodged by
the Aunty (chachi) of victim for enticement against five accused persons
including the accused/applicant. 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
five years. She further stated that she went to Dehradun 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 charge sheet is submitted. The
accused/applicant has no criminal history. The accused applicant is
languishing in jail since 22.07.2026. 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.
                                                                                                BAIL No. 33937 of 2026
                                                                     2


                                    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.

                                    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
                                    Abhishek Sri.




Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad


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