Gulsan Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Gulsan Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Gulsan on bail in FIR No. 230 of 2025 on furnishing a personal bond with two sureties of Rs. 20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) bond undertaking to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether applicant Gulsan, arraigned in FIR No. 230 of 2025 under Sections 64, 76, 333, 351(1), 352 BNS (P.S. Subeha, District Barabanki) and in custody since 25.09.2025, is entitled to be enlarged on bail.

Court's answer

Finding no material to suggest rape at the instance of the applicant, and noting that he is in custody since 25.09.2025 and has no criminal antecedents, the Court held the applicant entitled to be enlarged on bail and allowed the application.

Ratio / Principle

Neither the FIR nor the statements under Sections 180 & 183 BNSS levelled any allegation of rape; the medical report indicates presence of simple injury.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), Court No. 12 — Pankaj Bhatia, J. — 26 November 2025. Criminal Misc. Bail Application No. 11478 of 2025: Gulsan v. State of U.P. Applicant sought bail in FIR No. 230 of 2025, P.S. Subeha, District Barabanki, under Sections 64, 76, 333, 351(1) and 352 BNS. Per the FIR, the informant disclosing her age as 19 years alleged that the applicant threatened her, forced her to marry him and thereafter touched her inappropriately; no allegation of rape was made either in the FIR or in the statements under Sections 180 & 183 BNSS; the medical report indicated simple injury; the victim's age was around 19 years. Learned AGA opposed bail. Holding that there is no material to suggest rape at the instance of the applicant, and considering his custody since 25.09.2025 and absence of criminal antecedents, the Court allowed the bail application: release on a personal bond with two sureties of Rs. 20,000/- each, with conditions to attend hearings, refrain from similar offences, and abstain from inducement, threat, promise or tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11478 of 2025

Gulsan

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Sarjoo Ram
Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The applicant seeks enlargement on bail in FIR No.230 of 2025, under Section 64, 76, 333, 351(1), 352 BNS, P.S. Subeha, District Barabanki.

3. In terms of the FIR, allegations were levelled by the informant disclosing her age as 19 years that the applicant was threatening her and forcing her to marry him and thereafter, he came in the rool and inappropriately touched her; no allegation of rape was levelled. In the statements under Section 180 & 183 BNSS also, no allegation of rape was levelled. Medical on record also indicate presence of simple injury. Age of the victim is around 19 years.

4. Learned AGA has opposed the bail application.

5. Considering that there is no material to suggest rape at the instance of the applicant, the applicant who is in custody since 25.09.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed .

6. Let the applicant Gulsan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

BAIL No. 11478 of 2025

2

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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.

(Pankaj Bhatia,J.)

November 26, 2025

nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench