Sunny Upadhyay vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:66056

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12868 of 2025

Applicant :- Sunny Upadhyay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohit Kumar Baisla Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Mohit Kumar Baisla, learned counsel for the applicant, Sri Akash Tyagi, 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.

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Applicant seeks bail in Case Crime No. 478 of 2024, under Sections 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Partapur, District Meerut, during the pendency of trial.

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As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant and had committed rape with her by taking her to hotel on 15.12.2024 at about 09:00 pm.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about three days and there is no explanation of the said delay caused. The victim is the consenting party as is but evident from her statement recorded u/s 183 B.N.S.S. as she had gone with the applicant to the said place although she had stated that applicant had misinformed her about the said place to be the house of his aunt but it turned out to be a hotel.

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It has been further stated that the said facts do not stand fortified by any medical evidence whatsoever. This victim by her looks seems to be major, although she is stated to be 15 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 19.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that victim is a major 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 .

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Let the applicant- Sunny Upadhyay , 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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It 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.

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Order Date :- 29.4.2025 Priya

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(Justice Krishan Pahal)

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Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad

Sunny Upadhyay v. State of U.P. and 3 Others

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Sunny Upadhyay v. State of U.P. and 3 Others

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