Allowed

Gulshan v. State of U.P.

Allahabad HC14 Feb 2025BAIL/4752/2025

Case brief

AI extract

What is this about?

Second bail application under Sections 343, 366, 376 IPC after earlier rejection. Citing recording of informant and victim statements, contradictions in victim's testimony and long detention, the court granted bail without expressing opinion on merits, subject to conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions including no tampering with evidence or intimidation of witnesses.

Gulshan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4752 of 2025

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Applicant :- Gulshan Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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The present second bail application has been filed by the applicant-accused in Session Case No.1921 of 2023 (State v. Gulshan) arising out of Case Crime No. 0538/2023, under Sections 343, 366, 376 IPC, Police Station- Banda, DistrictShahjahanpur with the prayer to enlarge the applicant-accused on bail.

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The first bail application of applicant was rejected by this Court vide order dated 26.04.2024, which is reproduced as below :-

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"1. Rejoinder affidavit filed in Court today, is taken on record.

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2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. None has appeared on behalf of the informant.

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3. The present bail application has been filed on behalf of the applicant in case crime No. 538/2023, under Section 376, 366, 343 IPC, police station Banda, District Shahjahanpur with the prayer to enlarge the applicant on bail.

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4. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has not committed any offence. Age of victim is about 20 years and thus, she is a major girl. Learned counsel has referred statements of victim, recorded under Sections 161 & 164 Cr.P.C., and submitted that the allegations of kidnapping and rape made against the applicant, are wholly false. In fact at the time of incident, the location of mobile phone of applicant has been shown at Ghaziabad, whereas, the location of mobile phone of victim has been shown at Puranpur, Pilibhit and that victim has also made a telephonic call to the applicant. It was submitted that in fact victim was having an affair with applicant and while she was going to meet him, she was forcibly taken away by her family members. Lastly, it was submitted that the applicant is in judicial custody since 13.08.2023, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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5. Learned A.G.A. has opposed the prayer for bail and argued that in her statements, recorded under Sections 161 & 164 Cr.P.C., victim has made clear allegation that applicant along with two persons forcibly took her into a vehicle and she was made unconscious and

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she was kept confined for 8 days and all the three accused persons have committed rape upon her.

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6. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, no case for grant of bail is made out.

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7. Accordingly, the instant bail application filed on behalf of applicant Gulshan is rejected .

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8. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to decide the same expeditiously, as early as possible.

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9. A copy of this order be transmitted to the concerned trial court for necessary compliance."

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It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Victim is a major girl aged about 20 years. It was submitted that victim was having an affair with the applicant and while she was going to meet him, she was forcibly taken away by her family members and a false First Information Report was lodged. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 26.04.2024 and after that statement of informant and victim have been recorded before the trial court. There are material contradictions in the statements of victim. As the statement of informant and victim have been recorded thus, there is no possibility of tampering with the evidence. Lastly, it was submitted that applicant has no criminal history and he is languishing in jail since 13.08.2023 and that in case he is granted bail, he shall not misuse the liberty of bail and will co-operate with the trial.

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Learned A.G.A. has opposed the prayer for bail and submitted that victim has made allegations of rape against the applicant and first bail application of applicant has already been rejected by this Court on merits.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of detention, stage of trial and all

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attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the second bail application is hereby allowed .

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Let the applicant-accused - Gulshan involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant-accused shall not tamper with the evidence during the trial.

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(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.

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

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(v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.

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Order Date :- 4.4.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Gulshan v. State of U.P.

Case brief

What is this about?

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Gulshan v. State of U.P.

Case brief

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