Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27751 of 2025 Kuldeep Khengar State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Mahadeo Singh Chandel : G.A. Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Compliance affidavit filed by learned counsel for the State is taken on record. 3. Heard Sri Mahadeo Singh Chandel, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 4. Learned counsel for the State submits that after investigation charge-sheet dated 19.06.2025 in the matter has been submitted, copy of which is annexed as Annexure-C.A.-1 to the said compliance affidavit and thus the investigation has concluded. 5. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Kuldeep Khengar, seeking enlargement on bail during trial in connection with Case Crime No. 136 of 2021 under Sections 376, 452, 323, 504, 506 I.P.C., Police Station Kotwali Dehat, District Banda. 6. The first information report of the present matter was lodged on 26.07.2021 on the basis of an application moved under Section 156 (3) Cr.P.C. before the court concerned by victim against the applicant alleging therein that on 30.10.2020 at about 05:00 pm the accused entered in the house of the victim and outraged her modesty regarding which a first information report was lodged by her Case Crime No. 268 of 2020, under Sections 452, 354 I.P.C., Police 2 BAIL No. 27751 of 2025 Station Kotwali Dehat, District Banda. Due to the said case he accused was having enmity with her and was pressurizing her to compromise the same but she had refused to do it. He had threatened her of life and also threatened her of committing rape on her regarding which she had sent a complaint through registered post to the S.P., Banda and the I.G., Chitrakoot Dham, Banda on 10.03.2021 but no action was taken on it due to which the accused was quite happy. On 28.03.2021 at about 05:00 pm when she was alone in the house the accused finding her alone entered in the house and threw her on the ground and after taking out her clothes committed rape upon her. The victim raised a shout on which he assaulted her with danda due to which she received injuries. When the husband of the victim came to know of the incident he immediately came back home on which she told him about the incident and then on 29.03.2021 she along with her husband went to Police Station Kotwali Dehat to lodge a report and gave an application but no report was lodged and neither her medical examination was got done. After no action was taken by the said police station on 30.03.2021 she approached the S.P., Banda and gave an application and also sent an application on 05.04.2021 by registered post to him and other officials but no action was taken. Even on 13.04.2021 complaint was sent to the National Women Commission, New Delhi through registered post but till date no action has been taken. The accused was continuously abusing her and threatening her. Her report be lodged and action be taken. 7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the statement of the victim recorded under Section 161 Cr.P.C. shows that she is aged about 45 years and thus she is a major woman. It is submitted that the victim in her statements recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. have although stated of the applicant entering in the house and committing rape upon her but the same is false and incorrect in as much as no corroboration of the said fact through medical evidence is there. It is submitted that the victim during investigation earlier was given notice by the police but she did not join the investigation and on talking to her husband he made her talk on the phone on which she denied the prosecution 3 BAIL No. 27751 of 2025 version and thus a final report was filed in the present matter. It is submitted that subsequently a protest petition dated 22.02.2024 was filed by the victim before the court concerned against the said final report on which an order dated 31.05.2024 was passed by the Civil Judge (J.D.) / Judicial Magistrate, Banda rejecting the said final report and directing the concerned police to further investigate the matter after which a charge-sheet has been submitted. It is submitted while placing supplementary affidavit dated 15.09.2025 which is on record that the applicant has been granted bail vide order dated 13.06.2025 passed by the Judicial Magistrate, Civil Judge (J.D.), Banda in the previous case lodged by the victim being Case Crime No. 268 of 2020, under Sections 452,354 I.P.C., Police Station Kotwali Dehat, District Banda. The applicant is in jail since 18.06.2025. 8. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named by the victim in the first information report and also in the statements of the victim recorded during investigation and there are allegations of rape against him. It is submitted that although the victim had refused her internal medical examination but the fact remains that there is an allegation of the applicant assaulting her. It is submitted that the applicant prior to the present case was also involved in a case with regard to outraging of the modesty of the victim in which he has been granted bail. He has misused the liberty of bail granted to him in as much as he has again repeated an offence in which rape has been committed by him on the same victim. It is submitted that charge- sheet in the matter has been submitted against the applicant. It is submitted that the present bail application thus be rejected. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and in the statements of the victim recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. Although a final report was previously submitted by the police but on a protest petition the matter was directed to be investigated further and the said final report was rejected by the court concerned and after investigation a charge- sheet has been submitted. There are specific allegations of rape against the applicant. Prior to the present incident, the applicant outraged the modesty of the victim for which a first information report 4 BAIL No. 27751 of 2025 was lodged and he has been granted bail. The said case is pending before the trial court concerned. The applicant was threatening the victim of settling the case and thus as a revenge of her refusal to do so committed the present offence. The same is also involvement of the applicant in another case while being on bail in the first case with the same victim. No ground for bail is made out. 10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.
Decision
11. Pending application (s), if any, shall stand disposed of. September 19, 2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- Digitally signed by :- ABHISHEK SINGH RATHOR ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad High Court of Judicature at Allahabad