Deepak @ Sunil vs State Of U.P. And 3 Others

1. List has been revised. As informed by learned A.G.A. / learned State Law Officer, notice to the informant has been served on 18.4.2026.

2. Heard Sri Ram Gopal, learned counsel for the applicant, Sri Rajendra Prasad, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 115 of 2025, under Sections 137(2), 87, 65(1) BNS and section 5(1)/6 POCSO Act Police Station Purani Basti, District Basti, during the pendency of trial.

4. The applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by three days and there is no explanation of the said delay caused. It is further argued that, as per the Class VIII certificate, the victim is shown to be a minor aged less than 14 years; however, the said document carries no evidentiary value in the eyes of law. It has also been submitted that the applicant himself is a young man aged about 22 years. In her statement recorded under Section 183 BNSS, the victim has categorically stated that she had gone with the applicant to Gorakhpur and had married with him in a temple. Even her statement noted by the Magistrate concerned, the victim stated that her parents had forced her to depose against the applicant and had threatened that otherwise they would not allow him to be released from jail.

5. Learned counsel further submits that the matter pertains to a consensual relationship, which has subsequently been converted into a criminal case at the instance of the informant. The applicant has no criminal history and he is languishing in jail since 19.6.2025 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 vehemently opposed the bail application but unable to dispute the submissions raised by learned counsel for the applicant and also the fact that the applicant has no criminal history.

7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and there being no medical corroboration of the incident, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.

8. Let the applicant- Deepak @ Sunil, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

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.

(Krishan Pahal,J.)

May 7, 2026

Sushma