Allahabad High Court
AJAY ALIAS HIMANSHUversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Ajay alias Himanshu, who was arrested in a criminal case (Crime No. 172 of 2026) under Sections 137(2) and 87 of the B.N.S. The applicant claimed he was falsely implicated by the victim’s mother and relied on a victim’s statement recorded under Section 183 of the B.N.S., which indicated a consensual relationship and no sexual intercourse. The State opposed the bail, but the court, after reviewing the victim’s statement and noting the applicant’s clean record, held that the applicant was entitled to bail. The court granted bail without addressing the merits of the underlying case, directing the applicant to furnish a personal bond and two sureties. The order referenced Supreme Court dicta 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).
Issues considered
- Whether the accused is entitled to bail under Sections 137(2) and 87 of the B.N.S. in view of the victim’s statement under Section 183.
- Whether the alleged false implication by the victim’s mother warrants denial of bail.
Legislation cited
- B.N.S. — s. 183, 87
- Code of Criminal Procedure, 1973 — s. 137(2)
Subjects
- bail
- false implication
- victim statement
- Criminal Procedure Code
- Section 137
- Section 183
- Supreme Court precedent
- clean record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33940 of 2026
Ajay Alias Himanshu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Maohammd Nadeem
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Mohd. Nadeem, learned counsel for accused applicant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Ajay alias Himanshu to enlarge him on bail in Case Crime No. 172 of
2026, under Sections 137(2), 87 BNS, P.S.-Thathia, District-Kannauj, 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 mother of victim for enticement.
It is further contended that the statement of victim recorded under Section
183 BNSS, clearly reveals that the victim on her own went to Kanpur, where
he met with accused/applicant. She further reveals that the accused/applicant
and the victim are in touch and in love relation for last two years. No sexual
intercourse entered into between the parties. The statement of victim is in
favour of accused/applicant. The accused applicant is languishing in jail
since 20.08.2026. The charge sheet is submitted. The accused/applicant has
no criminal history. 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. 33940 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 23, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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