Allahabad High Court
VISHALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The applicant Vishal was arrested in connection with FIR No. 316 of 2026 alleging enticement, filed by the victim's mother. The victim’s statement recorded under Section 183 of the Evidence Act indicated a consensual relationship with the applicant, denying any enticement or sexual intercourse. The applicant had no prior criminal record and had been in custody since 13 June 2026. Relying on the victim’s statement and 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 held that bail was appropriate. Consequently, the bail application was allowed, directing the applicant to be released on personal bond and two sureties each.
Issues considered
- Whether the applicant is entitled to bail despite the FIR alleging enticement.
- Whether the victim’s statement under Section 183 negates the charge of enticement.
- Whether the Supreme Court’s recent bail jurisprudence applies to the present case.
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 137(2), 87
Subjects
- bail
- enticement
- victim statement
- Criminal Procedure Code
- Indian Penal Code
- Supreme Court precedent
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33966 of 2026
Vishal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bachan Singh, Vimal Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Bachan Singh, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Vishal to enlarge him on bail in Case Crime No. 316 of 2026, under
Sections 137(2), 87 BNS, P.S.- Aonla, District-Bareilly, during the pendency
of trial.
3. It is the contention of learned counsel for applicant that the FIR dated
09.06.2023 lodged against anonymous person by the mother of the victim
for enticement. 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 1-1/2 years. She further stated
that she went 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 13.06.2026. 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.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
BAIL No. 33966 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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