SUGREEV @ SUGGI RAM v. STATE OF U.P. THRU. PRIN. SECY. / ADDL. CHIEF SECY. HOME DEPTT. LKO.
BAIL/3529/2025 · 2025-04-28
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136543 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23991 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3529 of 2025 Applicant :- Sugreev @ Suggi Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. / Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Halimullah,Bhupendra Pratap Singh,Prakhar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Halimullah, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.227 of 2024 under Sections 64(1), 115(2), 351(3) of B.N.S. registered at Police Station- Tulsipur, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.10.2024 alleging that when the informant's sister was going to deliver lunch to her mother in the field at about 12:00 Noon on 19.10.2024, the applicant forcibly took her into a sugarcane field and molested her. When she raised a hue and cry, the applicant beat her up and threatened her. She somehow escaped and came. 4. In the statement of the informant recorded under Section 180 B.N.S.S., he reiterated FIR version. The victim also reiterated the FIR version and she did not state that the applicant had sexually exploited her. In the additional statement, the victim alleged commission of rape. 5. The doctor who had conducted the medico-legal examination
of the victim has given a statement to the Investigating Officer that no internal injury was seen at the time of medico-legal examination. The medico-legal examination mentions that as the incident took place 4-5 days ago, no samples were collected. However, bluish coloured round mark of size 3.5 X 3 cm was present above left breast. The victim stated before the Doctor that the applicant had put his finger insider her vagina. 6. In the additional statement of the informant, he stated that after registering the FIR, the victim told her mother that the applicant had raped her. 7. The victim had also stated that the applicant had threatened her with a country-made pistol and had snatched away her necklace but her mother stated that this allegation levelled by the victim is false. 8. As per education certificate, the date of birth of the victim is
20.06.2003. 9.
In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 10. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 14.11.2024. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not contain any allegation of commission of rape or snatching away any valuable articles; in the statement of the informant and the victim also, merely the F.I.R. allegations have been reiterated; in the additional statement, the victim alleged commission of
rape as also snatching away her gold chain on the strength of a country made pistol but her mother had herself stated that this allegation levelled by the victim is false; although in the additional statement, the victim has stated that the applicant forcefully made physical relations and before the Doctor she merely stated that the applicant had put his finger inside her vagina and that the applicant is a young man having no criminal history and he is languishing in jail since 28.10.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Sugreev @ Suggi Ram be released on bail in the aforementioned 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. .
[Subhash Vidyarthi, J.] Order Date :- 28.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench