Dilshad Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 12978 of 2026

Dilshad

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Bhim Sen Pandey, Kartikey Pandey : Shahroze Khan, G.A.

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Court No. - 72

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HON'BLE RAJIV LOCHAN SHUKLA, J.

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Heard, Learned counsel for the applicant, Sri Lavkush Kumar Bhatt, Learned Advocate, holding the brief of Sri Shahroze Khan, the Learned counsel for the informant, the Learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.19 of 2026, under Sections 137(2) and 87 B.N.S., Police Station- Shohratgarh, District- Siddharth Nagar.

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Counter affidavit filed by the Learned counsel for the informant today in Court, is taken on the record.

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The Learned counsel for the applicant does not propose to file any rejoinder affidavit and prays that the matter may be heard on merits.

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The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim is major and has wrongly been shown to be a minor. In her statement under Section 180 BNSS, she has not made any allegation against the applicant of forcefully abducting her. In her statement recorded under Section 183 BNSS, the victim has although mentioned her age to be 15 years and has stated that she was in love with the applicant and had gone to Kolkata with the applicant of her own free will and choice. No allegation of any sexual misconduct has been levelled against the applicant.

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BAIL No. 12978 of 2026

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2

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The Learned counsel for the informant and the Learned A.G.A., on the other hand, have opposed the prayer for grant of bail and have contended that the applicant had abducted the minor daughter of the informant who is only 15 years of age. The act of the applicant is a grave offence, which entails harsh punishment and he may not be considered for grant of bail. The Learned A.G.A., however, could not point out any criminal antecedents of the applicant.

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I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record.

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A perusal of the statement recorded under Section 180 BNSS of the victim clearly indicates that she was in love with the applicant and had gone with him to Kolkata without any threat, coercion or undue influence being exercised by the applicant. Prima facie , in the opinion of the Court, once the victim had accompanied the applicant out of her own sweet will and there are no allegation of sexual misconduct against the applicant, a case for grant of bail is made out.

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The bail application is allowed .

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Let the accused-applicant- Dilshad , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court

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BAIL No. 12978 of 2026

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3

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below will be at liberty to proceed to cancel his bail.

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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.

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It is further 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.

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(Rajiv Lochan Shukla,J.)

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May 5, 2026

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Sachin

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Dilshad v. State of U.P.

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Dilshad v. State of U.P.

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