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2026 DAILYLAW 11582 (ALL)

DEEPU v. STATE OF U.P.

BAIL/33633/2026 · 2026-09-28

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33633 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Hari Nath Chaubey, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Deepu to enlarge him on bail in Case Crime No. 257 of 2026, under Sections 137(2), 87 BNS, P.S.- Sajeti, District-Kanpur Nagar, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated by the father of victim for enticement. It is further contended that the statement of victim recorded under Section 183 BNSS, clearly reveals that the accused/applicant and the victim are in touch and in love relation for last three years. She further stated that she went along with accused/applicant on her own will and volition and there is no enticement. No sexual intercourse entered into between the parties. The statement of victim is in favour of accused/applicant. The applicant has criminal history of one case, which is not attributed to the accused/applicant. The accused applicant is languishing in jail since 13.08.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. Versus Counsel for Applicant(s) : Hari Nath Chaubey Counsel for Opposite Party(s) : G.A. Deepu .....Applicant(s) State of U.P. .....Opposite Party(s) 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. September 29, 2026 Abhishek Sri. BAIL No. 33633 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad