Allahabad High Court
SAVITRIversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed and the accused is released on bail.
Summary
Savitri applied for bail in a criminal case (Crime No. 101 of 2026) under Sections 87, 137(2), 142 and 61(2) of the Indian Penal Code, alleging that she was implicated only because photographs from her mobile phone linked her brother Shivanshu to an alleged enticement of a minor. She claimed no knowledge of her brother's actions or the whereabouts of the alleged victim and highlighted that she has no prior criminal record, having been in custody since 20‑06‑2026. The State opposed bail but did not dispute the factual background. The High Court, after considering the submissions and the alleged lack of personal culpability, granted bail without addressing the merits of the case, ordering a personal bond and two sureties in line with recent Supreme Court dicta. The court directed the accused to cooperate with the judicial process for a speedy disposal of the trial.
Issues considered
- Whether bail should be granted to Savitri under Sections 87, 137(2), 142 and 61(2) of the IPC during the pendency of trial.
- Whether the alleged complicity of the accused, her lack of prior record, and the nature of the evidence (social‑media photographs) justify bail.
Legislation cited
- Indian Penal Code — s. 137(2), 142, 61(2), 87
Subjects
- bail
- criminal procedure
- enticement
- social media evidence
- complicity
- marriage
- prior criminal record
- Supreme Court bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34656 of 2026
Savitri
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mayank Mohan Dutt Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Mayank Mohan Dutt Mishra, 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
Savitri to enlarge her on bail in Case Crime No. 101 of 2026, under
Sections 87, 137(2), 142, 61(2) BNS, P.S.- Sahjanwa, District-
Gorakhpur, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
F.I.R. has been lodged by the father of victim on 22.02.2026 for
enticement against the anonymous person. Subsequently, during the
investigation, the name of applicant has been reflected, wherein it is
found that the brother of accused, namely, Shivanshu has enticed the
daughter of informant. It is merely because of social media, photographs,
which was recovered from the mobile phone of the accused-applicant that
she has been made an accused in this matter. She has no knowledge of
whereabouts of the accused and the abductee, although there is specific
mention in the case diary that both of them have entered into marriage.
The charge sheet is submitted. The applicant has no criminal history. The
applicant is in jail since 20.06.2026 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.
BAIL No. 34656 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. Considered the complicity of the accused-applicant and her defence
that she is not aware about her brother and victim.
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 29, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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