Suraj Gautam vs State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4011 of 2026

Suraj Gautam

	Versus .....Applicant(s)
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Roshani Dwivedi, Sarvesh Kumar Dubey :

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Court No. - 64

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HON'BLE VIVEK VARMA, J.

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Learned A.G.A. submits that the notice of the instant application has been served upon the informant/opposite party no.4 on 30.01.2026 and C.W.C./opposite party no.3 on 02.02.2026. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf.

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Heard counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State. Perused the material available on record.

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The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 388 of 2025, under Sections 137(2), 62, 352, 64(1)of B.N.S. and Section 3/4 of POCSO Act, Police StationMadiyahoo, District- Jaunpur, during the pendency of trial.

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Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The prosecution story suffers from inherent inconsistencies. As per the prosecution version, the alleged incident is stated to have occurred on on 01.09.2025, whereas the first information report was lodged on 03.09.2025, on the basis of information furnished by the victim. As per the first information report, the allegation against the applicant is limited to hurling abuses at the victim and attempting to forcibly taking her away. However, the victim in her statements under Section 180 B.N.S.S. and 183 B.N.S.S. has materially improved her version and has levelled allegations of rape against the applicant. Such material contradictions between the first information report and the statements of the victim under Section 180 B.N.S.S. and 183 B.N.S.S. discredit the prosecution case at this

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BAIL No. 4011 of 2026

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2

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stage, Further, as per the ossification test report, the victim was found about 18 years. It is next contended that the applicant did not act indecently with the victim. No incident as alleged had occurred. The medical report also does not support the prosecution version. Criminal history of the applicant has been explained in para no.18 of the bail application. The applicant is in jail since 29.11.2025 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report has been lodged belatedly. As per the ossification test report, the victim was found about 18 years. There are material contradictions between the first information report and the statements of the victim under Section 180 B.N.S.S. and 183 B.N.S.S. The medical report also does not support the prosecution version. Moreover, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Suraj Gautam , involved in the aforesaid case 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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