High Court
Case Details
Neutral Citation No. - 2025:AHC:106105 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21338 of 2025 Applicant :- Ajeet Kumar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kameshwar Singh,Raj Narayan Singh Counsel for Opposite Party :- G.A.,Kuldeep Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Kameshwar Singh, learned counsel for the applicant, Sri Kuldeep Kumar, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ajeet Kumar Singh, seeking enlargement on bail during trial in connection with Complaint Case No. 31 of 2018, under Sections 376D, 504, 506 I.P.C. and 5/6 POCSO Act, Police Station Dhata, District Fatehpur. 4. The present case has been instituted on the basis of an application dated 11.12.2017 moved by Mahendra Singh against the applicant and Vikas Singh under Section 156(3) Cr.P.C. alleging therein that his daughter is aged about 15 years, who had gone to the field to ease herself on 14.11.2017 at about 6:00 P.M. When she reached the sugarcane field of Rakesh, accused- applicant Ajeet Singh and Vikas Singh present there from before and armed with country made pistol caught hold of her and pulled her in the field and enraged her modesty and committed rape upon her. On her shout, Ram Bahadur, the complainant and other people of the village reached there, after which accused persons while
Legal Reasoning
flashing their weapons and firing in the air by extending threats ran away. He with his daughter went to police station on 15.11.2017 at about 8 a.m. and made a complaint, on which he was told that an inquiry would be conducted. The inspector call the accused and tried to get some settlement through compromise which was refused by him. He then told him to go and make a complaint wherever he wants. His report has not been lodged, appropriate order be passed for lodging of a report and action be taken. The said application under Section 156(3) Cr.P.C. was treated as a complaint vide order dated 01.05.2019 by the Court concerned and the statement of the complainant under Section 200 Cr.P.C. and that of victim girl under Section 202 Cr.P.C. was recorded. The accused were then summoned to face trial.
Legal Reasoning
5. Learned counsel for the applicant while placing paragraph nos. 15, 16 and 17 submitted that the complainant Mahendra Singh and accused applicant Ajeet Singh are the relatives as Bhairo Prasad is the father of Mahendra Singh and Hari Mohan is the grand father of accused Ajeet Singh, therefore, both the family are one and same family. It is further submitted that there is a civil / revenue litigation pending between both the family before Sub-Divisional Magistrate, Khaga, District Fatehpur and Additional Commissioner-II, Allahabad Division, Allahabad. It is further submitted that due to family dispute, wife of complainant Mahendra Singh has lodged a first information report on 11.11.2017 as Case Crime No. 238 of 2017, under Sections 452, 323, 504, 506 I.P.C., Police Station Dhata, District Fatehpur against Ajeet Singh, Amit Singh, Shiv Singh and Hari Mohan Singh. It is further submitted that the victim also in her statement recorded under Section 202 Cr.P.C. stated of the fact that there is a dispute going on between her family and the family of the accused with regards to house, land and engine. It is submitted that thus the applicant has been falsely implicated due to aforesaid enmity. It is further submitted that co-accused Vikas Singh has been granted bail by co-ordinate Bench of this Court vide order dated 24.06.2025 in Criminal Misc. Bail Application No. 19349 of 2025, photocopy of the order has been placed before this Court. It is also submitted that the applicant was previously involved in one other case in which has been granted bail, as stated in paragraph 28 of the affidavit. The applicant is in jail since 05.05.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the application under Section 156(3) Cr.P.C. and in the statements of the complainant and victim recorded during inquiry. It is submitted that as such the bail application be rejected. 7. After having heard learned counsel for the parties and perusing the records, it is evident that there is an enmity between the family of the complainant and accused persons. Litigations are going on between them. The co-accused Vikas Singh has been granted bail by co-ordinate Bench of this Court vide order dated 24.06.2025 in Criminal Misc. Bail Application No. 19349 of 2025. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant - Ajeet Kumar Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed.
Decision
12. Pending application (s), if any, shall stand disposed of. Order Date :- 7.7.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad