Allahabad High Court
RAJversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The applicant is not entitled to bail as the evidence shows his participation in intimidation, assault, and sale of the victim.
Summary
The High Court of Allahabad considered a bail application filed by Raj, who was accused of kidnapping, assaulting, and selling a woman for Rs. 50,000, offences alleged under several sections of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed he was falsely implicated and that no injury was caused to the victim, seeking release on bail during the pendency of trial. The State opposed, presenting the victim's testimony and a statement from the purchaser Suneel that the accused had indeed sold the victim and later married her. After reviewing the material on record, the court found that the evidence indicated the applicant’s participation in intimidation, assault, and trafficking of the victim. Consequently, the court held that there was no sufficient ground to grant bail and rejected the application. The observations were limited to the bail application and did not prejudice the merits of the underlying criminal case.
Issues considered
- Whether the applicant is entitled to bail under Sections 115(2), 123, 140(4), 351(2), 142, 143 and 145 of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offences.
- Whether the seriousness of the alleged crimes (kidnapping, assault, and sale of a woman) warrants denial of bail.
- Whether there is a likelihood of the applicant fleeing, tampering with evidence, or committing further offences if released on bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 123, 140(4), 142, 143, 145, 351(2)
Subjects
- bail
- criminal procedure
- intimidation
- assault
- human trafficking
- Bharatiya Nyaya Sanhita
- high court
- denial of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9760 of 2026
Raj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Kumar Pal, Pravin Kumar, Shad
Azam
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, 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. 368 of 2025, under Sections 115(2),
123, 140(4), 351(2), 142, 143 and 145 of Bharatiya Nyaya Sanhita, 2023,
Police Station Kamalganj, District Farrukhabad, during pendency of trial.
3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. It is
alleged in the first information report of this case that, on 28.10.2025, when
the informant / victim was going to her maternal home, after having a hot
talk with her husband, she was taken away by the co-accused persons,
namely, Shyama Devi, Rashid and Raj (son of Shyama Devi) to the house of
co-accused Shyama Devi. It is further alleged that, the victim was given
some sedative and as a result, she lost her senses and was kept hostage inside
the room for about 2-3 days by the accused persons and thereafter, she was
sold to to one Suneel in lieu of Rs. 50,000/-, who has taken her to his
residence. However, the victim by putting her best efforts, has returned to
her maternal home. Learned counsel for the applicant further submits that,
no injury has been caused to the victim, as such, the allegation of physical
assault are false and baseless. Learned counsel for the applicant further
submits that, the accused-applicant is languishing in jail in this matter since
BAIL No. 9760 of 2026
2
5.11.2025, criminal history of three cases has been explained in para 20 of
the affidavit accompanying the instant bail application and there is no
likelihood that, the accused-applicant, after release on bail, may flee from
the process of law or will misuse the liberty of bail, therefore, the applicant
is entitled to be enlarged on bail.
4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail
of the applicant on the ground that, allegation of physical assault has been
levelled against the applicant and the victim has specifically stated that, the
applicant in connivance with other co-accused persons has sold her to one
Suneel and the said Suneel has also admitted in his statement that, applicant
and other co-accused persons have sold the victim to him in lieu of
Rs.50,000/- and he married the victim, therefore, the applicant is not entitled
to be released on bail.
5. Having considered the rival contentions of the parties and having perused
the record, it is evident that, the applicant in connivance with the other
co-accused persons has intimidated and assaulted the victim and they
have sold the victim to one Suneel in lieu of Rs.50,000/- and the said
Suneel got married the victim. Then the victim got rescued herself from
the clutches of these anti-social elements. The accused persons have
terrorized and sold a helpless lady. Thus, having regard to the evidence
available on record against the applicant and his complicity in the crime, I do
not find any good ground to release the applicant on bail. Hence, the bail
application moved on behalf of applicant - Raj is hereby rejected.
6. Observations made herein-above by this court are only for the purpose of
disposal of this bail application and shall not be construed as an expression
of this Court on the merits of the case.
April 8, 2026
HR
(Harvir Singh,J.)
Digitally signed by :-
HEMANT RANJAN
High Court of Judicature at Allahabad
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