Sunil vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:39493

Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7309 of 2025 Applicant :- Sunil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Singh 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 Manvendra Singh, learned counsel for the applicant and Ms. Ashima Manu Srivastava, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and also perused the material placed on record.

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Applicant seeks bail in Case Crime No. 310 of 2024, under Sections 333, 64, 352, 351(2) of BNS and Sections 3/4 of POCSO Act, Police Station - Khaga, District - Fatehpur, during the pendency of trial.

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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. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about three days and there is no explanation of the said delay caused.

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Learned counsel has also stated that as per FIR, the allegations were regarding the attempt to rape only and the same was reiterated by the victim in her statement recorded u/s 180 BNSS but the allegations of rape have been inflated in her statement recorded u/s 183 BNSS. The said allegations have been made after legal consultation, as such, the applicant is entitled for bail.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 24.11.2024 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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Per contra, learned counsel for the informant has vehemently opposed the bail application on the ground that the victim and the

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informant was forced by the police to refrain from instituting the FIR of rape, as such, the same could not be allayed in it but the statement of the victim recorded u/s 183 BNSS narrates the true story.

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Per contra, learned State Law Officer has also opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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- Sunil , 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant will appear before the trial court on the date fixed.

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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:- 19.3.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Sunil v. State of U.P. and 3 Others

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Sunil v. State of U.P. and 3 Others

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