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2026 DAILYLAW 8974 (ALL)

AJAY v. STATE OF U.P.

BAIL/33857/2026 · 2026-09-22

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33857 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Ms. Rupa, learned counsel for the accused-applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Ajay to enlarge him on bail in Case Crime No. 229 of 2026, under Sections 137(2), 87 BNS, P.S.- Etmadaula, District- Agra, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the F.I.R. of enticement has been lodged by father of victim aged about 17 years for her leaving the house on 16.07.2026, for which, the F.I.R. was registered on the same day. Further submits that in the statement under Section 183 BNSS, the victim has not uttered even an iota of word against the accused-applicant and not even stated that she has been taken away from her parental home. It is stated by the victim that she herself went away from her parental house on being annoyed, as her parents refused to perform her marriage with the accused-applicant. She herself went along with him to Delhi, where they stayed at Dharamshala. Thereafter, on 27.07.2026, they returned at Agra and caught by the police at Rambagh. The applicant has not committed any sexual intercourse with her. The charge sheet is submitted. The applicant has no criminal history. The applicant is in jail since 28.07.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the Versus Counsel for Applicant(s) : Rupa Counsel for Opposite Party(s) : G.A. Ajay .....Applicant(s) State of U.P. .....Opposite Party(s) applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered the statement of victim recorded under Section 183 BNSS. 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 Shivangi BAIL No. 33857 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad