ANKUSH @ SUKKAversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 46143 of 2025

Ankush @ Sukka
                                                           .....Applicant(s)
                                  Versus

State Of U.P. And 3 Others
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                      :    Ayush Kaushik
Counsel for Opposite Party(s)                 :    G.A.

Court No. - 65
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.

2. Learned counsel for the applicant has contended that according to the
F.I.R., allegations, on 29.09.2024 at about 06:00 P.M. when the victim
had gone to ease herself in the jungle, the applicant dragged her to
sugarcane field and tried to commit wrong with her when she raised
alarm, the applicant threatened her and she was bleeding. Learned counsel
for the applicant has contended that the victim in her statement recorded
under Section 180 of B.N.S.S. has stated that when she had gone to ease
in a jungle, the applicant dragged her and has committed rape with her.
Similar version has also been stated by the victim in her statement
recorded under Section 183 of B.N.S.S. Learned counsel has argued that
in the F.I.R., it has been alleged that the applicant tried to commit wrong
and she was bleeding, whereas the victim has levelled allegation of rape
against the applicant which itself demonstrate that the prosecution has no
legs to stand. Apart from the aforesaid, learned counsel has also thrusted
upon the medical report and argued that the medical evidence does not
corroborate with the prosecution version. It is thus contended that the
applicant has been falsely implicated in the present case due to ulterior
motive. Several other submissions in order to demonstrate the falsity of
the allegations made against the applicant have also been placed before
the Court. The circumstances which, according to the counsel, led to the
false implication of the accused have also been mentioned. It has also
been assured on behalf of the applicant that he is ready to cooperate with
                                                         BAIL No. 46143 of 2025
                                2


the process of law and shall faithfully make himself available before the
court whenever required and is also ready to accept all the conditions
which the Court may deem fit to impose upon him. He next submits that
applicant is languishing in jail since 13.10.2024.

4. Per contra, learned A.G.A. has opposed the prayer for bail of the
applicant by contending that the innocence of the applicant cannot be
adjudged at pre trial stage, therefore, he does not deserve any indulgence.
In case the applicant is released on bail he will again indulge in similar
activities and will misuse the liberty of bail.

5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties, nature of evidence, and all attending
facts and circumstances of the case, without expressing any opinion on
merits of the case, this Court is of the view that the applicant has made
out a case for bail. Hence the bail application is allowed.

6. Let applicant Ankush @ Sukka involved in Case Crime No.503 of
2024 under Sections 65(1), 351(2), 333, 115(2) B.N.S., and Section 3/4
(2) of POCSO Act, Police Station Sardhana, District Meerut, be released
on bail on furnishing a personal bond and two local heavy sureties each of
the like amount to the satisfaction of the court concerned subject to the
following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of
which the applicant is accused, or suspected of the commission.

v) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade such person from disclosing facts to the Court or to any police
officer or tamper with the evidence.

7. In case of breach of any of the above condition, the trial Court shall be
                                                                                            BAIL No. 46143 of 2025
                                                                    3


                                    at liberty to cancel the bail of the applicant in accordance with law.




                                                                                  (Dr. Gautam Chowdhary,J.)
                                    February 16, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad