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2026 DAILYLAW 3708 (ALL)

GULFAM ALIAS CHHANGA v. STATE OF U.P.

BAIL/336/2026 · 2026-05-05

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 336 of 2026 Court No. - 65 (Sr. No.125 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Abhay Krishna Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.476 of 2025, under Sections 87, 64 B.N.S., Police Station Didoli, District Amroha, 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. The victim, in her statement recorded under Section 183 B.N.S.S., has categorically stated that she was taken away by the applicant to Gurugram, Haryana, and was kept captive, and the applicant is stated to have video- recorded the said act of rape with her. The victim and the applicant were both apprehended by the police from Gurugram itself. The said statement stands falsified by the recovery memo of the victim and the applicant, whereby the victim and the applicant were both recovered/arrested from District Amroha itself. The applicant has no criminal history and is in jail since 28.10.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Abhay Krishna Singh, Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Gulfam Alias Chhanga .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 B.N.S.S., and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Gulfam Alias Chhanga, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 6, 2026 (Ravi Kant) BAIL No. 336 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad