Allahabad High Court
SHISHU KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Shishu Kumar, was arrested in a case (Crime No.267 of 2025) alleging that he had established a physical relationship with a 30‑year‑old woman by falsely promising marriage and later reneged, invoking Sections 69 and 351(3) of the Indian Penal Code. The applicant pleaded innocence, claiming the allegation stemmed from a consensual encounter that the informant turned into a criminal complaint, and highlighted his clean record and willingness to cooperate with the trial. The State opposed bail, but the court noted the victim was an adult and there was no conclusive evidence that the applicant had misled her from the outset. On a prima facie basis, the court found the applicant entitled to bail and ordered his release on personal bond and two sureties, subject to standard conditions. The bail was granted without prejudice to the trial on merits.
Issues considered
- Whether the applicant is entitled to bail pending trial for offences under Sections 69 and 351(3) IPC.
- Whether the prosecution has established a prima facie case justifying denial of bail.
Legislation cited
- Indian Penal Code — s. 351(3), 69
Subjects
- bail
- IPC Section 69
- IPC Section 351(3)
- false promise of marriage
- sexual assault
- prima facie case
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44575 of 2025
Shishu Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Uday Pratap
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.125 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Uday Pratap, learned counsel for the applicant, Sri Sunil
Kumar, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.267 of 2025, under Sections 69,
351(3) BNS, Police Station Barahaj, District Deoria, during the pendency of
trial.
4. As per prosecution story, the applicant is stated to have established
corporeal relationship with the victim on the false promise of marriage and
had later on refused to comply with the said promise.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
has nothing to do with the said offence. The victim is major aged about 30
years. There is no clinching evidence to suggest that the applicant misled the
victim from the beginning. The informant has converted a failed consensual
physical relationship into a criminal case. There is no criminal history of the
applicant and he is in jail since 31.10.2025. He undertakes to cooperate with
the trial and not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 44575 of 2025
2
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim is major and there being no clinching
evidence to suggest that the applicant misled her from the beginning, and
without expressing any opinion on the merits of the case, prima-facie the
Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.
8. Let the applicant- Shishu Kumar, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 14, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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