Allowed

Ausan Singh Alias Kalla v. State of U.P.

Allahabad HC27 Oct 2025BAIL/32146/2025

Case brief

AI extract

What is this about?

Regular bail application by an accused in a rape case under Sections 64(1) and 331(2) B.N.S.; counsel cited delay in FIR and site plan inconsistencies to allege false implication. Court considered facts without expressing opinion on merits, found a case for bail made out and allowed the application.

What did the court decide?

Applicant released on bail on personal bond and two local heavy sureties, subject to conditions against tampering, threatening witnesses and committing similar offences.

Ausan Singh Alias Kalla vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 32146 of 2025

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Ausan Singh Alias Kalla

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	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Saurabh Pathak
Counsel for Opposite Party(s)		: G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the incident is alleged to have taken place on 08.08.2025, whereas the F.I.R., has been lodged on 10.08.2025 without there being any plausible explanation of such an inordinate delay. Learned counsel further argued that though the victim has levelled allegation of rape against the applicant but has drawn attention of this Court to Naksha Nazari, copy of which is annexed as Annexure-6 to the affidavit accompanying the bail applicant and argued that the site plan shows that the victim's house comprises of three rooms and all three rooms are inter-connected. In the first room, the victim's father-in-law was sleeping, whereas in the second room, the victim was sleeping along with her children and thereafter there is another room. Learned counsel further submitted that the victim in her statements has specifically stated that she had latched the house, while going to bed. Learned counsel further argued that while entering in the room of victim, the applicant has to cross the room of her father-in-law, thereafter to the victim's room and therefore, the entire prosecution story is false and concocted in view of the fact that once the house was latched, then how could the applicant would enter in the room of the victim and therefore the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made

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BAIL No. 32146 of 2025

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against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 12.08.2025 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Ausan Singh @ Kalla involved in Case Crime No.280 of 2025 under Sections 64(1), 331(2) of B.N.S., Police Station Phaphund, District Auraiya, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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BAIL No. 32146 of 2025

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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October 27, 2025

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Ausan Singh Alias Kalla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ausan Singh Alias Kalla v. State of U.P.

Case brief

What is this about?

What did the court decide?

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