High Court
Case Details
Neutral Citation No. - 2025:AHC:131158 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26805 of 2025 Applicant :- Ram Snehi Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kumar Verma,Amitesh Pati Tripathi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Akash Kumar Verma, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ram Snehi, seeking enlargement on bail during trial in connection with Case Crime No. 41 of 2025, under Sections 115(2), 333, 351(2), 76, 64 BNS, registered at Police Station Khukhundu, District Deoria. 4. The FIR of the matter was lodged on 09.03.2025 by the victim/prosecutrix against the applicant and two other persons alleging therein that on 01.02.2025 at about 04:00 pm she was sitting at the door of the house with her mother wherein due to old enmity, the accused persons armed with lathi, danda and kudal came there and threatened them. They attacked her mother with kudal due to which she received serious injuries and became unconscious. After which she on seeing her mother shouting and then the accused persons caught hold of her hand and pulled her inside the house and assaulted her. Ram Snehi the applicant enraged her modesty and tore her clothes of the chest and threw her on the ground and tried to commit rape upon her on which she somehow saved herself and ran out and then all the accused persons chased her and assaulted her. She in an attempt to save herself went to the house of Paras Rajbhar in her village wherein Ram Snehi entered inside and assaulted her and then again tried to commit rape upon her. On her shouts, family members of Paras Rajbhar and other persons of the village came there and saved her. She then through an ambulance took her mother to the hospital from where looking to her critical condition, the doctor referred her to Deoria Sadar Hospital. Her mother is still serious and is unable to see due to the injury received by her. Information about the incident has also been given at the police helpline No. 112. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that FIR states of the applicant enraging the modesty of the first informant and assaulting her. It is submitted that the first informant/prosecutrix reiterated the said version in her statement under Section 180 BNSS but subsequently in her statement under Section 183 BNSS has stated that the applicant inserted his finger in her private part. It is submitted that the same is an improvement just in order to falsely implicate and harass the applicant. It is submitted that the case is based on false allegations. It is further submitted that the FIR was lodged under Sections 115(2), 333, 351(2), 76 BNS but during investigation Section 64 BNS, 2023 was added in it. It is further submitted that the first informant is a cousin of the applicant and it is highly improbable that the brother would commit such offence with his sister, para 12 of the affidavit has been placed before the Court. Further while placing para 10 of the affidavit it is submitted that the real fact is that on 01.02.2025 at about 05:00 pm mother of the applicant was irrigating her land wherein the first informant and her family members entered into house and started assaulting her with clubs and sharp edged weapon on account of land dispute for which an application was given by the applicant at the police station for being registered as an FIR but no such FIR was registered and no action was taken by the police and also no medical examination was got conducted. It is submitted that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 21.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are serious allegations against him. It is submitted that since the applicant is the cousin brother of the first informant/prosecutrix there is no chance of false implication. It is further submitted that in so far as the allegation of assault on the first informant and her mother Smt. Arti Devi is concerned, the same is corroborated by her medical examination in which the doctor has found one abrasion and was reported that she is having five complaints of pain on her body and the injury No.2 being the abrasion was opined to be caused by hard and blunt object. It is further submitted that Smt. Arti Devi the mother of the informant was found to have received a stitched wound on her head and there were four complaints of pain reported and she was referred to the medical college for CT Scan of her head which had stitched wounds. It is submitted that although the CT Scan did not find any internal damage but the fact remains that she had received injury on her vital part and the same is not self inflicted. Looking to the same, the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the FIR. The first informant who is the prosecutrix and her mother who is an injured have supported the prosecution case. Their injuries also corroborate with the prosecution version. No ground for bail is made out. I do not find it to be a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected.
Decision
10. Pending application(s), if any, stand disposed of. Order Date :- 5.8.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad