Bobi Pal vs State Of U.P on 11 March, 2026

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    Bobi Pal vs State Of U.P on 11 March, 2026

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         ITEM NO.3                               COURT NO.7                 SECTION II
    
                                        S U P R E M E C O U R T O F      I N D I A
                                                RECORD OF PROCEEDINGS
    
                  Petition(s) for Special Leave to Appeal (Crl.) No(s).19614/2025
    
         [Arising out of impugned final judgment and order dated 21-11-2025
         in CRA No. 3775/2025 passed by the High Court of Judicature at
         Allahabad, Lucknow Bench]
    
         BOBI PAL                                                             Petitioner(s)
    
                                                         VERSUS
    
         STATE OF U.P. & ANR.                                                 Respondent(s)
    
         FOR ADMISSION
         IA No. 313398/2025 - EXEMPTION FROM FILING O.T.
    
         Date : 11-03-2026 This matter was called on for hearing today.
    
         CORAM :
                                  HON'BLE MR. JUSTICE J.B. PARDIWALA
                                  HON'BLE MR. JUSTICE K.V. VISWANATHAN
    
    
         For Petitioner(s) :
                                            Mr. Mukesh Kumar Sharma, AOR
                                            Mr. Sanjay Kumar Mishra, Adv.
                                            Mr. Yogender Singh, Adv.
                                            Mr. Kartik Devans, Adv.
    
    
         For Respondent(s) :
                                            Mr. Shaurya Sahay, AOR
                                            Mr. Aman Jaiswal, Adv.
                                            Ms. Sharvi Sharma, Adv.
                                            Mr. Ashish Singh, Adv.
    
                                            Ms. Hemlata Rawat , AOR
    
    
                                   UPON hearing the counsel the Court made the following
                                                      O R D E R
    

    Signature Not Verified

    1. Our last order dated 28.01.2026 reads thus:-

    SPONSORED

    Digitally signed by
    MOHD IBRAHIM
    Date: 2026.03.14

    “1. Our order dated 9-1-2026 reads thus:-

    13:42:32 IST
    Reason:

    “1. Heard the learned counsel appearing
    for the parties.

    2. Our last order dated 8.12.2025 reads
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    thus:-

    “1. Issue notice.

    2. List the matter on 09.01.2026.

    3. In the meantime, in the event of
    arrest of the petitioner in
    connection with FIR No. 599 of 2025
    dated 03.10.2025 registered with
    Police Station Thakurganj,
    District-Lucknow (Old FIR No. 0387
    of 2025 dated 14.09.2025 registered
    with Police Station Dubagga) for
    the offences punishable under
    Sections 64(1), 89, 123, 316(2),
    351(2) and 352 of Bharatiya Nyaya
    Sanhita Act, 2023, and Sections
    3(1)(r)
    , 3(1)(s) and 3(2)(v) of the
    Scheduled Castes and the Scheduled
    Tribes (Prevention of Atrocities)
    Act, 1989, he shall be enlarged on
    bail by the Investigating Officer.

    This is, however, subject to the
    petitioner cooperating with the
    Investigating Officer during the
    investigation.”

    3. Today when the matter was taken up for
    further hearing, we inquired with the
    learned counsel appearing for the
    petitioneraccused whether he appeared before
    the Investigating Officer or not. According
    to the learned counsel, the petitioner
    appeared before the Investigating Officer on
    10.12.2025, and his statement was also
    recorded.

    4. According to the learned counsel,
    pursuant to the order passed by this Court
    dated 08.12.2025, referred to above, the
    petitioner also came to be released on bail
    on furnishing a personal bond before the
    Investigating Officer.

    5. It was also brought to our notice that
    the investigation has been completed and
    chargesheet has been filed. However, the
    case is yet to be committed to the Court of
    Sessions.

    6. On merits, the learned counsel submitted
    that there is a gross delay of more than two
    years in lodging the FIR. The allegations
    are palpably false. The FIR came to be
    lodged by the victim on account of a civil
    dispute.

    7. On the other hand, the learned counsel
    appearing for the victim (complainant)
    submitted that material facts have been
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    suppressed by the petitioner.

    8. The victim is a 40% disabled lady.

    9. She further brought to our notice that
    there is a video clipping on the basis of
    which the petitioner kept on blackmailing
    the victim, and for a period of more than 2
    years the petitioner kept on abusing her
    sexually.

    10. She further submitted that many
    provisions of the Scheduled Castes and the
    Scheduled Tribes (Prevention of Atrocities)
    Act, 1989
    (for short “Atrocities Act”)
    including Section 308 of the Bhartiya Nyaya
    Sanhita, 2023 (for short “the BNS, 2023”)
    have not been taken into consideration by
    the Police.

    11. We also heard Mr.Shaurya Sahay, the
    learned counsel appearing for the State of
    Uttar Pradesh.

    12. Prima facie, it appears that the learned
    counsel appearing for the State has not been
    instructed properly. 13. He has no idea
    whether the petitioner appeared before the
    Investigating Officer or not.

    14. In such circumstances, referred to
    above, we direct the Investigating Officer
    to personally remain present before this
    Court with all the papers of investigation
    on 28.01.2026.

    2. In pursuance of our Order, referred to above, Mr.
    Raj Kumar Singh, the Investigating Officer
    personally present before us with the papers of
    investigation. He pointed out that the mobile of the
    accused has been seized and forwarded to the
    Forensic Science Laboratory, Lucknow. The Report of
    the F.S.L. has not yet been received.

    3. Having regard to the nature of the allegations
    levelled by the victim in the First Information
    Report, we are of the view that the Report of F.S.L.
    will assume significance.

    4. Before we take the final call, we must have the
    F.S.L. Report before us.

    5. The Investigating Officer informs that ordinarily
    it takes about 3-4 months before the F.S.L. prepares
    the Report and forwards the same.

    6. Since we are in-seisin of this matter, we request
    the F.S.L., Lucknow to expedite the preparation of
    the Report.

    7. The F.S.L., Lucknow shall see to it that the
    Report is forwarded to the Investigating Officer
    within a period of four weeks from today.

    8. Once the Report is received, the Investigating
    4

    Officer through the learned counsel appearing for
    the State shall place it before us for our perusal.
    We shall hear the matter further on all other
    aspects once we have the F.S.L. Report before us.

    9. One copy of this Order shall be provided to the
    learned counsel appearing for the State to be handed
    over to the IO so that the IO can pursue the matter
    further with the FSL, Lucknow.

    10. Post it after five weeks.”

    2. Today, when the matter was taken up for further hearing,

    the learned counsel appearing for the State submitted that the

    Forensic Science Laboratory (F.S.L.) has not been able to

    retrieve any videographs or photos from the mobile handset of

    the petitioner seized during the course of the investigation.

    3. Of course, it is the case of the learned counsel

    appearing for the State that the F.S.L. was unable to retrieve

    because the mobile handset was formatted. However, besides

    this, something very shocking has been brought to our notice.

    4. The learned counsel appearing for the petitioner

    submitted that there has been a settlement between the

    petitioner and the first informant (victim).

    5. The learned counsel appearing for the victim would submit

    that she may be permitted to withdraw her vakalatnama as the

    victim has stopped responding to her phone calls.

    6. Be that as it may, having regard to nature of the

    allegations levelled in the FIR, the delay in the registration

    of the FIR and other circumstances on record, we make our

    order of interim bail dated 08.12.2025 absolute.

    7. With the aforesaid, the Special Leave Petition stands

    disposed of.

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    8. Pending application(s), if any, also stand disposed of.

    (HARPREET KAUR) (POOJA SHARMA)
    COURT MASTER (SH) COURT MASTER (NSH)



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