Surajpal Vs State of U.P.

Neutral Citation No. - 2025:AHC:131664

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22812 of 2025

Applicant :- Surajpal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Gautam,Chakshuvendra Pachauri Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Chakshuvendra Pachauri, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Surajpal, seeking enlargement on bail during trial in connection with Case Crime No. 30 of 2025, under Section(s) 352, 64, 351(3) B.N.S. registered at P.S. Gajraula, District- Pilibhit.

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Learned counsel for the State submits that he has received instructions in the matter for which time was prayed and was allowed on 02.7.2025.

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The F.I.R. of the matter was lodged on 28.1.2025 by the victim against the applicant alleging therein that the applicant who was her devar through village relationship used to follow her often. He had clicked her photographs on his mobile and whenever she used to object to it he used to threaten her of life. She due to fear did not tell it to her husband. On 23.1.2025 at about 07:00 p.m. when she had gone outside to ease herself, he finding her alone caught hold of her and pulled her and abused her and threatened her and went back. She did not tell about it to her husband Premshankar. The accused then again started following her and used to tell that he has her photographs and if she does not contact him and does not come to him, he would cause disrepute to her. She told her husband about this fact and then they have come to police station to lodge a report. A report be lodged. The F.I.R. of the matter was lodged under Sections 74, 77, 78, 352, 351(2) B.N.S., 2023.

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Learned counsel for the applicant submits that the applicant has

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been falsely implicated in the present case. It is submitted that the victim is a major, married woman. It is submitted that the F.I.R. has been lodged against the applicant with the allegation of his following the victim and threatening her. It is submitted that during investigation the victim in the statement recorded under Section 180 B.N.S.S. states of the applicant enraging her modesty. But subsequently in her statement recorded under Section 183 B.N.S.S. she states of the applicant committing rape upon her. It is submitted that the same is an improvement in the prosecution case and is concocted version just in order to falsely implicate and harass him. It is submitted while placing para-16 of the affidavit that initially the F.I.R. was lodged under Sections 352, 74, 77, 78, 351(2) B.N.S. but during the course of investigation the investigating officer remove Sections 74 and 77 B.N.S. and has submitted charge sheet against the applicant only under Sections 352, 64, 351(3) B.N.S. on 25.3.2025 and as such there are no chances of the applicant tempering with the evidence and not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-22 of the affidavit and is in jail since 30.5.2025.

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Per contra, learned State counsel opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the record, it is evident that the version of the victim is not consistent in the prosecution case. The same has been improved simultaneously. In the F.I.R. she states of the applicant chasing her and clicking her photographs and threatening her, but subsequently in her statement recorded under Section 180 B.N.S.S. she states of the applicant enraging her modesty and later on in her statement recorded under Section 183 B.N.S.S. she states of the applicant committing rape upon her. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Surajpal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023.

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(v) 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 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Pending application(s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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Order Date :- 5.8.2025/Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Surajpal v. State of U.P.

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