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2025 DAILYLAW 57588 (ALL)

SURAJ GAUTAM v. STATE OF U.P.

BAIL/16314/2025 · 2025-07-23

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121643 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16314 of 2025 Applicant :- Suraj Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Manoj Kumar, learned counsel for the informant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 69 of 2025, under Sections 137(2) and 87 B.N.S., Police Station- Didarganj, District- Azamgarh, 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. The victim is a consenting party as is but evident from her statement recorded under Section 183 BNSS wherein she has categorically stated that she was in love with the applicant and she married her. 5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 03.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that both the parties live in the same village and the applicant has misused his influence to project a false marriage between the parties, despite the fact that the alleged marriage is not legally valid and the victim is a minor, as such, applicant is not entitled for bail. 7. 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 statement of victim recorded under Section 183 BNSS whereby she has categorically expressed her consent 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. 8. Let the applicant- Suraj Gautam, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 24.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad