Gulfam Alias Chhanga vs State Of U.P.
- Neutral2026:AHC:104687
Ratio decidendi
The rule this decision rests on
A person accused under Sections 87 and 64 of the Bharatiya Nyaya Sanhita may be granted bail during the pendency of trial where, having regard to the facts and circumstances of the case, the submissions of the parties, and the evidence on record including the statement of the victim, the court is satisfied prima facie that a case for bail has been made out, without expressing any opinion on the merits of the trial. Bail granted on the condition of furnishing a personal bond and two sureties to the satisfaction of the court, subject to verification, with conditions that the accused shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. Breach of any condition imposed upon the grant of bail shall entail cancellation of bail, and observations made in granting bail shall not affect the trial on merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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.
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.
(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)
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