Harsh Srivastava vs State Of U.P.
- Neutral2026:AHC:103996
Ratio decidendi
The rule this decision rests on
Where a person is charged under sections relating to offences of deception in a consensual relationship, and the victim is a major, and there is no prima facie clinching evidence on the record to suggest that the accused misled the victim from the beginning, bail may be granted on condition that the accused furnishes a personal bond and two sureties, does not tamper with evidence or intimidate witnesses, and appears before the trial court as required, with breach of such conditions entailing cancellation of bail.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri F.I. Jafri, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.96 of 2026, under Sections 69, 351(2) BNS, Police Station Medical, District Meerut, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise.
5. Learned Senior counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The victim is a consenting party. The victim is major aged about 30 years and the applicant himself is a youth of 21 years old. There is no recovery of any indecent video of the victim whatsoever.
6. Learned Senior counsel for the applicant has further stated that it is a clear cut case of consensual relationship between two major persons. There is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has converted a failed consensual physical relationship into a criminal case. There is no criminal history of the applicant and he is in jail since 29.3.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that victim is major and there being no clinching evidence to suggest that the applicant misled her from the beginning, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Harsh Srivastava, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
10. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
Vikas Verma
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free