Suryabhan vs State of U.P. and Another

This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.115 of 2024, under sections 354, 504, 506, 376 I.P.C., P.S. Gambhirpur, District Azamgarh.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report was lodged by the victim herself under Section 354, 504, 506 I.P.C. The incident is alleged to have occurred in the year 2018. The first information report was lodged on 08.04.2024. There is no explanation for the delay in lodging the first information report. No obscene video was collected by the investigating officer. In the statement of the victim under Section 164 Cr.P.C., for the first time, allegation of rape has been levelled against the applicant. The said inconsistency discredits the prosecution case. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 18.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 5966 of 2024. At this stage there is no credible evidence against the applicant. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till

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NABAIL No. 10016 of 2025

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2

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conclusion of trial, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that first information report was lodged belatedly, no obscene video was collected by the investigating officer, in the statement of the victim under Section 164 Cr.P.C., for the first time, allegation of rape has been levelled against the applicant, during the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court, charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

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In the event of arrest, the applicant Suryabhan , involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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(ii) 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 from disclosing such facts to the Court;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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December 2, 2025 Lbm/-

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(Vivek Varma,J.)

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Suryabhan v. State of U.P. and Another

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Suryabhan v. State of U.P. and Another

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