Furkan v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15060 of 2026

Court No. - 65 (Sl. No. 13 out of 205) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Abhinav Singh, learned counsel for the applicant, Sri Ankur Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 23 of 2026, under Sections 69, 87, 351(3) of BNS, Police Station Shahpur, District Muzaffarnagar, during the pendency of trial. PROSECUTION STORY:

¶4The applicant is stated to have enticed away the daughter of the informant aged about 23 years on 27.12.2025 and she is stated to have come back on 29.12.2025. The applicant is stated to have established corporeal relation with her on the false promise of marriage but subsequently refused to comply with the said promise. ARGUMENTS ON BEHALF OF APPLICANT:

¶5The applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about twenty-five days from the initiation of crime and about twenty-three days from the date when the victim had returned to her home and there is no explanation of the said delay caused. Only a false explanation has been created by the informant stating that applicant and his brother threatened him of dire consequences if he lodges the FIR.

¶6There is no medical corroboration of the incident. There is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has Versus Counsel for Applicant(s) : Abhinav Singh Counsel for Opposite Party(s) : G.A. Furkan .....Applicant(s) State of U.P. .....Opposite Party(s) converted a failed consensual physical relationship into a criminal case.

¶7There is no criminal history of the applicant. The applicant is languishing in jail since 15.2.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT:

¶8Learned A.G.A. has opposed the bail application but could not dispute the submissions made by the counsel for the applicant. CONCLUSION:

¶9Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in FIR; there being no medical corroboration of the incident and there being no clinching evidence to suggest that the applicant misled the victim from the beginning and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10Let the applicant-Furkan, who is involved in aforementioned case 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 subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. May 5, 2026 Shalini BAIL No. 15060 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad