Allahabad High Court
GULFAM ALIAS CHHANGAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
The High Court considered the bail application of Gulfam alias Chhanga, who was arrested in connection with a case (Crime No.476 of 2025) alleging kidnapping and rape under Sections 87 and 64 of the Indian Penal Code. The victim’s statement under Section 183 of the Criminal Procedure Code claimed the applicant had taken her to Gurugram, kept her captive and video‑recorded the rape, but the recovery memo showed both were arrested in Amroha, suggesting the statement was falsified. The applicant, with no prior criminal record and in custody since 28‑Oct‑2025, asserted his innocence and pledged cooperation with the trial. The court, after reviewing the material and hearing counsel, found a prima facie case for bail and ordered his release on personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses. The bail was granted without prejudice to the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite allegations of kidnapping and rape under Sections 87 and 64 IPC.
- Whether the victim’s statement under Section 183 CrPC is reliable or falsified, affecting the bail decision.
- Whether a prima facie case for bail exists in the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 64, 87
Subjects
- bail
- kidnapping
- rape
- false statement
- prima facie
- sureties
- conditions
- Criminal Procedure Code
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 336 of 2026
Gulfam Alias Chhanga
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Krishna Singh, Ajay Kumar
Mishra
Counsel for Opposite Party(s) : G.A.
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.
BAIL No. 336 of 2026
2
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)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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