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2026 DAILYLAW 8588 (ALL)

KAMAL v. STATE OF U.P. AND ANOTHER

BAIL/33933/2026 · 2026-09-22

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33933 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Tripurari Pal, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Kamal to enlarge him on bail in Case Crime No. 89 of 2026, under Sections 137(2), 87 BNS, P.S.- Kishanpur, District-Fatehpur, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant is not named in the FIR dated 17.04.2026 lodged by the father of victim for enticement. It is further contended that the statement of victim recorded under Section 183 BNSS, clearly reveals that she has called the accused/applicant and thereafter the victim went to Mumbai along with accused/applicant on her own will and volition. They got married in Mumbai. There is no sexual intercourse entered into between the parties. There is no enticement. The statement of victim is in favour of accused/applicant. The accused applicant is languishing in jail since 07.06.2026. 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) : Tripurari Pal Counsel for Opposite Party(s) : G.A. Kamal .....Applicant(s) State of U.P. and Another .....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 23, 2026 Abhishek Sri. BAIL No. 33933 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad