Allahabad High Court
SACHIN KUMARversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that bail should be granted to the accused.
Summary
The Allahabad High Court considered a bail application filed by Sachin Kumar, who is charged under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita for allegedly kidnapping a minor. The FIR alleged that the applicant enticed the girl, while the victim’s statements recorded under Sections 180 and 183 of the same code were contradictory, and a medical examination found no external injuries. The applicant’s counsel argued that he was falsely implicated, has no prior criminal record, and has been in custody since 9 January 2026, whereas the prosecution emphasized the seriousness of abducting a minor. After weighing the nature of the offence, the inconsistency in evidence, and the applicant’s circumstances, the court concluded that the applicant had a case for bail. Without expressing an opinion on the merits, the court granted bail subject to a personal bond, two sureties and specific conditions.
Issues considered
- Whether bail can be granted to an accused of kidnapping a minor under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita
- Whether the variance in the victim’s statements under Sections 180 and 183 of the Bharatiya Nyaya Sanhita affects the bail decision
- Whether the seriousness of the alleged offence warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 180, 183, 87
Subjects
- bail
- kidnapping of minor
- variance in statements
- Bharatiya Nyaya Sanhita
- criminal procedure
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9231 of 2026
Sachin Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sita Ram, Vinod Kr Pandey
Counsel for Opposite Party(s) : G.A., Yash Pratap Singh
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, Sri Birendra Singh, learned
counsel for informant and learned A.G.A. for the State and perused the
material available on record.
2. This bail application has been moved on behalf of the accused-applicant
for grant of bail, in Case Crime No. 06 of 2026, under Sections 137 (2) and
87 Bharatiya Nyaya Sanhita, 2023, Police Station Khakhreru, District
Fatehpur, during pendency of trial.
3. Briefly stated, as per the allegations levelled and the incident narrated in
the FIR, which was lodged by the mother of the victim against the applican,
alleging that the victim was enticed away by the applicant on 6.1.2026, at
about 8.00 PM, when her daughter had gone to ease herself.
4. Learned counsel for the applicant submitted that the applicant has been
falsely implicated in this case. In the F. I. R. allegation of enticing away was
conspicuous against the applicant. He next submitted that the victim in her
statement recorded under Section 180 B.N.S.S. has stated that she was in
touch with the applicant for the last one year and on 6.1.2026 at about 8.00
PM, she along with Sachin (applicant), proceeded for Delhi, but she was
intercepted by the police on the way. However in her statement recorded
under Section 183 B. N. S. S., she changed her version and came up with the
story that her age is 13 years and she is studying in Class-VIII and when she
had gone to ease herself, the applicant, who was hidden somewhere, came
over there and covered her mouth with a handkerchief and kidnapped her,
saying that he will marry her. In the statement of the doctor, who had
conducted medical examination of the victim, she stated that no external
mark of injury was found over the body of the victim. He also submitted that
BAIL No. 9231 of 2026
2
no explanation is forthcoming regarding the variance of the facts stated by
her in her statement recorded under Sections 180 and 183 B. N. S. S., hence
the applicant, who has no criminal antecedents and is in jail since 09.1.2026,
is entitled to be enlarged on bail.
5. Per contra, learned counsel for informant and learned AGA have opposed
the prayer for bail and submitted that the applicant is accused of having
abducted a minor girl.
6. Having considered the rival contentions of the parties, nature of offence,
evidence, complicity of the accused, severity of punishment and all attending
facts and circumstances of the case, and the fact that there is variance of the
facts narrated in the first information report and statements of the victim
recorded under Sections 180 and 183 B.N.S. S., therefore, the applicant has
made out a case for being enlarged on bail.
7. In the light of discussions made above but without expressing any opinion
on the merits of the case, the instant bail application is allowed.
8. Let the applicant Sachin Kumar 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 the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
9. In case of breach of any of the above condition, the prosecution will be at
liberty to move an application before this Court for cancellation of the bail
of the applicant.
10. Identity and residence proof of the applicant and sureties be verified by
the Court concerned before the bonds are accepted.
April 20, 2026
HR
(Harvir Singh,J.)
Digitally signed by :-
HEMANT RANJAN
High Court of Judicature at Allahabad
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