Allahabad High Court
SURAJversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court granted bail to the applicant, holding that he is entitled to release on personal bond and sureties.
Summary
The High Court considered a bail application filed by Suraj, who was arrested in connection with Crime No. 85 of 2026 under IPC sections 137(2), 87, 64(1) and POCSO Act sections 3 and 4. The FIR alleged that Suraj had enticed the daughter of the first informant, but the victim’s statements under Sections 180 and 183 of the BNSS indicated that she left her home voluntarily, was in a relationship with Suraj and had already married him. Suraj had no prior criminal record and had been in custody since 21 July 2026. The State opposed bail but did not dispute the factual matrix. Relying on the Supreme Court’s guidelines in Kapil Wadhawan vs CBI and the Allahabad High Court’s own precedents, the judge held that the applicant was entitled to bail, subject to standard conditions, and ordered his release on personal bond and sureties.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged inducement and offences under IPC and POCSO Act.
- Whether the victim’s voluntary statement and the absence of a pending investigation justify bail despite the seriousness of the charges.
Legislation cited
- Indian Penal Code — s. 137(2), 64(1), 87
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- criminal procedure
- IPC
- POCSO Act
- overcrowded jails
- trial pendency
- victim statement
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35185 of 2026
Suraj
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Mishra, Shailendra Kumar
Ojha
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Shailendra Kumar Ojha, learned counsel for the applicant, Sri
Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 85 of 2026, under
Sections -137(2), 87, 64 (1) B.N.S, & Section 3/4 POCSO Act, Police
Station- Rasulabad, District-Kanpur Dehat,
3. Contention of learned counsel for the applicant is that though in the FIR,
the allegation has been made against the applicant to entice away the
daughter of first informant. However, the victim, in her statements recorded
under Sections 180 and 183 BNSS, has specifically stated that she has left
her house on her own free will and she was in relationship with the
applicant. It was also stated by the victim that she had already married to the
applicant, therefore, he is entitled to be released on bail. It is lastly argued
that charge sheet has been filed by the police, therefore, there is no
requirement for custodial interrogation. The applicant has no criminal
history and he is languishing in jail since 21.07.2026. In case, he is granted
bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
BAIL No. 35185 of 2026
2
evidence, complicity of accused and taking into account overcrowded jails
and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025
SCC Online SC 3038 as well as guideline of this Court in the case of Maya
Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
Accordingly, the present application is allowed.
6. Let the applicant- Suraj involved in the aforementioned crime be released
on bail, on his furnishing a personal bond and two sureties each in the like
amount, to the satisfaction of the court concerned, with the following
conditions:-
i. The applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
BAIL No. 35185 of 2026
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11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the orders of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in
(2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan
and others vs State of Jharkhand and another, in Writ Petition
(Criminal) No.169 of 2025 decided on 29.05.2026.
13. Application, if any, stands disposed of.
October 1, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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