SUNEEL KUMAR ALIAS BUA v. STATE OF U.P. AND 3 OTHERS
BAIL/15939/2025 · 2025-05-25
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56290 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56290 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89129 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15939 of 2025 Applicant :- Suneel Kumar Alias Bua Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adarsh Dwivedi,Devdatt,Mayank Krishna S Chandel,Vinod Kumar Chandel Counsel for Opposite Party :- Anant Vijay,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mayank Krishna S Chandel, learned counsel for the applicant and Sri Anant Vijay, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the record.
3. Applicant seeks bail in Case Crime No. 19 of 2025, under Sections 65(1), 352, 351(2) of BNS and Sections 3/4 of POCSO Act, Police Station Raipura, District Chitrakoot, during the pendency of trial.
4. 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 9 days and there is no explanation of the said delay caused.
5. Learned counsel has also stated that the victim has not raised any allegation of rape in the FIR or in her statement recorded under section 180 BNSS, subsequently, allegations of rape have been raised in her statement recorded under section 183 BNSS that too after legal consultation. There is no medical corroboration of the incident.
6. There is no criminal history of the applicant. The applicant is languishing in jail since 18.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer and learned counsel for
the informant have vehemently opposed the bail application on the ground that the applicant had earlier on also outraged the modesty of the victim twice but the FIR could not be registered, as such the applicant is not entitled for bail.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Suneel Kumar Alias Bua, 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. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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.
Order Date :- 26.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad