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

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

What the court decided

AI extract

Outcome

Release of applicant Saleem on bail in Case Crime No.0483 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Saleem, in custody since 20.03.2025 in Case Crime No.0483 of 2024 (Sections 64(1), 74, 352, 351(3) and 331(4) B.N.S., Police Station Nanpara, District Bahraich), should be released on bail notwithstanding allegations of molestation and rape, in view of major discrepancies in the statements of the victim and the concluded investigation. +1 more

Court's answer

Having considered the facts and circumstances of the case, the judge found it to be a fit case for grant of bail, keeping in view the major discrepancies in the statements of the victim, the fact that the applicant is a young person having no criminal history, that he is languishing in jail since 20.03.2025, and that the investigation already stands concluded.

Ratio / Principle

The bail application was accordingly allowed: the applicant Saleem was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Detailed headnote1 paragraphs

Bail application (CRIMINAL MISC. BAIL APPLICATION No. - 3440 of 2025, Court No. 15, Allahabad High Court, Lucknow Bench; neutral citation 2025:AHC-LKO:23345) of Saleem in Case Crime No.0483 of 2024 under Sections 64(1), 74, 352, 351(3) and 331(4) B.N.S., Police Station Nanpara, District Bahraich — ALLOWED by Subhash Vidyarthi, J. (order dated 24.4.2025). The FIR of 04.10.2024 alleged rooftop entry into the informant's house on the night of 29/30.09.2024, molestation, and threats to virally spread obscene photographs. The victim's Section 183 B.N.S.S. statement alleged rape at pistol-point but omitted the threatened viral circulation of photographs/videos, producing, in the presiding judge's words, 'major discrepancies in the statements of the victim'; the medico-legal report was insignificant, the charge-sheet was submitted on 25.03.2025, and the investigation stood concluded. Although the supporting affidavit disclosed a prior case under Sections 323, 325 and 504 IPC in which bail had been granted, the applicant was treated as a young person having no criminal history and in custody since 20.03.2025. Release ordered on a personal bond and two sureties each in the like amount, subject to conditions prohibiting tampering with prosecution evidence and pressurizing prosecution witnesses and requiring attendance on every trial-court date unless exempted.

Neutral Citation No. - 2025:AHC-LKO:23345

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3440 of 2025

Applicant :- Saleem Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Brijesh Kumar Pandey,Atul Kumar Singh,Saumya Shukla Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Brijesh Kumar Pandey, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.0483 of 2024, under Sections 64(1), 74, 352, 351(3) and 331(4) B.N.S., registered at Police Station Nanpara, District Bahraich.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.10.2024 alleging that the informant's husband resides at Puna for earning his livelihood; while the informant was sleeping inside her house in the night on 29/30.09.2024, the applicant entered her house at about 12 in the night through her adjacent rooftop and started molesting her; when the informant objected, the applicant abused and threatened her that he will virally spread the informant's obscene photographs.

In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated her earlier version and she further stated that the applicant used to visit her home since before, and he has an old simple photo of face-book.

The medico-legal examination report of the informant does not contain anything significant.

In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that after entering her house through the rooftop, the applicant raped her after threatening her with a country made pistol. She did not state anything about the threat of spreading her obscene photo and video virally.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, and he has been falsely implicated in the present case. In para-22 of the affidavit, involvement of the applicant in another case under Sections 323, 325 and 504 IPC has been disclosed in which he has been granted bail.

The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 25.03.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view major discrepancies in the statements of the victim coupled with the fact that the applicant is a young person having no criminal history and he is languishing in jail since 20.03.2025, whereas the investigation already stands concluded, I find it to be a fit case for grant of bail.

Accordingly, this bail application stands allowed .

Let the applicant- Saleem be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

[Subhash Vidyarthi, J.]

Order Date :- 24.4.2025 MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench