High Court
Case Details
Neutral Citation No. - 2025:AHC:129396 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23998 of 2025 Applicant :- Vikram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ram Pravesh Yadav Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Ajay Kumar Dwivedi, learned counsel for the applicant, Sri Ram Pravesh Yadav, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vikram Singh, seeking enlargement on bail during trial in connection with Case Crime No. 117 of 2025, under Section(s) 69, 333, 351(2), 324(4) BNS, registered at P.S. Jasrana, District- Firozabad. 4. The F.I.R. of the matter was lodged on 07.5.2025 by the victim against the applicant alleging therein that after marriage she had strained relations with her husband due to which she was living alone and running a beauty-parlor. Around two years back she met with the applicant who helped her in getting herself bailed out in a case and in lieu of it, he has got her land in his name and then on 01.05.2025 at about 09:30 p.m. on the pretext of returning her land he came to her house and committed rape upon her.
Legal Reasoning
5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant and the victim were known to each other since the last two years when both were in jail in a case. It is submitted that the victim is a major married woman as she has disclosed her age to be about 40-42 years during investigation. It is submitted that the present F.I.R. has been lodged after 06 days of the present incident for which there is no plausible explanation. It is submitted while placing para-3 of the supplementary affidavit dated 08.7.2025, which is already on the record, that the applicant is involved in 05 other cases in which in 02 cases he is on bail whereas in 03 other cases he has been acquitted of the charges levelled against him. It is submitted while placing para-13 of the affidavit in support of bail application that the applicant and the victim were together in jail in Case Crime No. 200 of 2022, under Section 328 I.P.C., Police Station Jasrana, District Firozabad, thereafter, a land of the victim was sold by herself to the applicant but later on, she was having grudge against him and was falsely implicated him in the present case. It is submitted that initially relationship between the applicant and the victim was a consensual relationship. It is argued that the applicant is in jail since 09.5.2025. 6. Per contra, learned State counsel as well as learned counsel for the first informant opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major married woman. She has disclosed her age about 40-42 years during investigation. The victim and the applicant were known to each other since the last 02 years and the relationship between them was a consensual relationship. There is a delay of six days in lodging of the F.I.R. for which no plausible explanation has been given by her. 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- Vikram 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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 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. (Samit Gopal,J.) Order Date :- 1.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad