Allahabad High Court
VIKAS THAKUR @ ROHITversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Bail was granted to the accused applicant.
Summary
The accused Vikas Thakur applied for bail in an abduction case (CrPC Sec. 140(1) & 61(2)(a)) alleging false implication. The FIR alleged that he, along with two others, assaulted and abducted the complainant, but the victim later released him with villagers' indulgence and only simple injuries were recorded. The State opposed bail but did not dispute the factual matrix. The Court examined the lack of incriminating material beyond the victim’s statement, the simple nature of injuries, and the applicant’s cooperation with the investigation, and noted a prior case where another accused obtained interim protection from arrest. Relying on the Supreme Court’s guidelines in Girish Gandhi v. State of UP (2024) and the policy for grant of bail, the Court granted bail on personal bond and sureties, without addressing the merits of the case.
Issues considered
- Whether bail should be granted to the accused in an abduction case where evidence is limited to the victim’s statement and simple injuries.
- Whether the applicant’s prior criminal history and ongoing investigation preclude bail.
- Application of Supreme Court precedents on bail grant (Girish Gandhi v. State of UP and related policy).
Legislation cited
- Code of Criminal Procedure, 1973 — s. 140(1), 61(2)(a)
Subjects
- bail
- abduction
- false implication
- simple injuries
- CrPC
- Supreme Court precedent
- cooperation with investigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34082 of 2026
Vikas Thakur @ Rohit
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Awadh Bihari Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Awadh Bihari Pandey, learned counsel for the accused-
applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant
Vikas Thakur @ Rohit to enlarge him on bail in Case Crime No. 234 of
2026, under Sections 140(1), 61(2)(a) BNS, P.S.- Sen Paschimpara,
District- Kanpur Nagar, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has been falsely implicated in F.I.R. dated 14.08.2026
for abduction lodged by the victim abductee himself with the allegation
that while the informant was returning after dropping his sister in the
school, the three accused persons including the accused-applicant had
surrounded and assaulted him and abducted him on his motorcycle. It is
with the indulgence of the villagers that the abductee was released and
lodged the report. It is further contended that there are two injuries on the
person of injured. There is no abnormality deducted. Injuries are simple in
nature, except the statement of the victim, there is no other incriminating
material available. Further contended that one of the accused, Rudra
Pratap Singh has challenged the F.I.R. before the writ jurisdiction of this
Court, wherein he got the interim relief of the protection from arrest.
There is no specific complicity against the accused-applicant. The
applicant has one case criminal history, wherein he is on bail. The
investigation is continuing. He is cooperating in the investigation. The
applicant is in jail since 15.08.2026 and hence, the applicant seeks to be
BAIL No. 34082 of 2026
2
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 complicity of the accused-applicant and the simple
injuries shown on the person of injured.
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 24, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
Checking your session…