Vijay vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Vijay vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: applicant Vijay to be released on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to the four stated conditions; identity, status and residence proof of the applicant and sureties to be verified by the court concerned before the bonds are accepted; breach of any condition to constitute ground for cancellation of bail; release permitted on the basis of the downloaded copy of the order with undertaking to file certified copy within 15 days, and release order to be sent to the concerned jail through BOMS and by the Registrar (Compliance) through e-mail/e-prison portal in compliance of the Supreme Court order in Policy Strategy for Grant of Bail ((2024) 10 SCC 685).

Issue for consideration

Whether applicant Vijay, detained in custody since 03.08.2025 in connection with Case Crime No. 392 of 2025 (Sections 87, 137(2) B.N.S., Police Station Tajganj, District Agra), is entitled to be enlarged on bail during the trial.

Court's answer

Considering the entire facts and circumstances, the submissions of learned counsel for the parties, the nature of offence, evidence and complicity of the accused, and expressly without expressing any opinion on the merits of the case, the court held the applicant entitled to be enlarged on bail.

Ratio / Principle

Release ordered on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to four conditions (no direct or indirect inducement, threat or promise tending to dissuade disclosure or tamper with evidence; sincere cooperation in trial/investigation without seeking adjournment; no indulgence in criminal activity after release; attendance in accordance with the executed bond), breach of any condition being expressly declared a ground for cancellation of bail.

Detailed headnote1 paragraphs

Bail granted (single-judge, Court No. 69, Allahabad High Court, decided 29 October 2025): Vijay, in custody since 03.08.2025 for Case Crime No. 392/2025 under Sections 87, 137(2) B.N.S. (PS Tajganj, District Agra), was not named in the FIR alleging a missing victim girl; the recovered victim's statement recorded under Section 183 BNSS stated she had herself left her house with the applicant and wanted to marry him; the charge sheet had already been filed, on which basis counsel argued custodial interrogation was unnecessary. Hearing both sides (AGA opposing but not disputing the facts), and weighing the nature of the offence, evidence and complicity of the accused without expressing any opinion on the merits, the learned Judge held the applicant entitled to be enlarged on bail and directed his release on a personal bond and two sureties each in the like amount, imposing conditions against inducement/tampering, requiring cooperation in the trial without adjournments, abstention from fresh criminal activity and attendance as per the executed bond, breach of any condition being expressly made ground for cancellation of bail; acceptance of bonds conditioned on verification of identity, status and residence proof; release permitted on downloaded copy of the order (certified copy to follow within 15 days); release order to be transmitted to the jail via BOMS, and by the Registrar (Compliance) through e-mail/e-prison portal, relying on the Apex Court's order in Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 ((2024) 10 SCC 685).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37460 of 2025

Vijay

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Pramod Kumar Dwivedi
Counsel for Opposite Party(s)	: G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Supplementary affidavit filed today is taken on record.

Heard Sri Pramod Kumar Dwivedi, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.392 OF 2025, under Sections 87, 137(2) B.N.S., Police Station- Tajganj, District Agra.

Contention of learned counsel for the applicant is that the applicant was not named in the FIR and allegation made in the FIR that the victim girl was missing. Subsequently, the victim girl was recovered and in her statement recorded under Section 183 BNSS, has specifically stated that she herself left her house and accompanied with the applicant. She also stated that she wants to marry with the applicant, therefore, the applicant has not committed any offence. He further argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 03.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Vijay involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

BAIL No. 37460 of 2025

2

i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

October 29, 2025 A.Kr.

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad