BAIL/15318/2026 of ASIF @ ASIV Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15318 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Sri Vivek Singh, Learned Advocate, holding the brief of Sri Shyam Shankar Mishra,Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.10 of 2026, under Sections 137(2), 87 B.N.S., Police Station- Rijor, District- Etah. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant had never misbehaved with the victim nor has abducted her. He further submits that there is a stark contrast in the statements recorded under Sections 180 & 183 BNSS. The victim has not been recovered from the possession or on the pointing out of the applicant. The victim in her statement recorded under Section 183 BNSS has clearly denied knowing the applicant or of the applicant abducting her. The applicant has no criminal antecedents. The applicant is in jail since 31.01.2026. 4. The Learned A.G.A. has opposed the prayer for grant of bail and has contended that the applicant as per the statement of the victim recorded  under Section 180 BNSS, had sexually assaulted the victim. The victim is aged about 15 years and has categorically nominated the applicant as her abductor, who had enticed her away and had forcibly taken her to Etah Bus Stand.  Versus Counsel for Applicant(s) : Shyam Shankar Mishra Counsel for Opposite Party(s) : G.A. Asif @ Asiv .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the Learned counsels for the parties and perused the record.  6. The applicant although named in the First Information Report, allegations of enticing away the victim and misbehaving with her, have been levelled in the First Information Report. In the statement recorded under Section 180 BNSS, the victim has levelled allegations of rape against the applicant. In her statement recorded under Section 183  BNSS, the victim has taken a different case all together and has contended that she had been going to her friend Deepti's house for taking some note book, whose house is near the Bus Stand when some people caught hold of her. She also stated that in the crowd of people, there were also police personnel, who had taken her to the police station.  She has clearly denied knowing the applicant or the fact that the applicant had enticed her and taken her away. The applicant is now not being prosecuted for the offence under the POCSO Act. There is serious contradiction between the statements recorded under Sections 180 & 183 BNSS. The applicant has no criminal antecedents and he is in jail since 31.01.2026. 7. Taking into account all the facts and circumstances of the case as discussed above, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Asif @ Asiv , 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 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 BAIL No. 15318 of 2026 2 concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. 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. 12. 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. May 6, 2026 Sachin BAIL No. 15318 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad