Allahabad High Court
SULEKHAversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail as the victim’s statement under Section 183 CrPC demonstrates lack of coercion, warranting release on personal bond and sureties.
Summary
The accused Sulekha applied for bail in a criminal case (Crime No. 600 of 2026) alleging false implication in an FIR dated 05.08.2026. The victim’s statement recorded under Section 183 of the Criminal Procedure Code indicated that she voluntarily went with the accused and no sexual act was committed. The accused has no prior criminal record and has been in custody since 15.08.2026. The State opposed bail, but the Court, relying on the victim’s statement and Supreme Court precedents (Girish Gandhi v. State of U.P. and Policy Strategy for grant of bail), held that bail was appropriate. The Court ordered release on personal bond with two sureties, without addressing the merits of the case.
Issues considered
- Whether the accused should be granted bail pending trial despite the FIR and charge sheet.
- Whether the victim’s statement under Section 183 CrPC negates the necessity of continued custody.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 183, 87
Subjects
- bail
- Criminal Procedure Code
- Section 183
- victim statement
- false implication
- personal bond
- sureties
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35103 of 2026
Sulekha
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Kumar, Surbhi Bhardwaj,
Ulajhan Singh Bind
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Ulajhan Singh Bind, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Sulekha to enlarge him on bail in Case Crime No. 600 of 2026, under
Sections 137(2), 87 BNS, P.S.- Shikohabad, District- Firozabad, during
the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 05.08.2026 lodged by
mother of the victim belatedly against two persons including the accused
applicant with the allegation that on 02.08.2026 at about 22:00 hours, her
daughter has left the parental home at the instance of accused applicant.
In the statement of victim recorded under Section 183 BNSS, she
specifically stated that she was called by the accused applicant and gave
some money to go along with the Ankit. She went along with Ankit and
stay with him where Ankit has not committed any sexual act with her and
she went with Ankit on her own. The applicant has no criminal history.
Charge sheet is submitted. The accused applicant is languishing in jail
since 15.08.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 35103 of 2026
2
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.)
October 1, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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