High Court · 2025

3. The first bail application of applicant was rejected by this Court vide order dated

31.01.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

2. The present bail application has been filed by the applicant in case crime No. 374 of 2022, under Sections - 305, 506, 354, 376(2)(L) I.P.C. and Section 5/6 POCSO Act, Police Station Pipraich, District - Gorakhpur with the prayer to enlarge the applicant on bail.

3. It has been argued by learned counsel for applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged on 24.07.2022 alleging that applicant used to harass the daughter of informant and resultantly she committed suicide. Learned counsel submitted that in the first information report there was no allegation of rape. Similarly in her statement recorded under Section - 161 Cr.P.C. also the informant has not made any allegation of rape. After that on 26.08.2022 supplementary statement of informant and sister of deceased were recorded, wherein they have inter-alia stated that two days before the incident, the deceased has told that she is continuously being harassed by the applicant-accused and he has also committed rape upon her. It was submitted that the said version of rape is wholly false and improbable. Though, in post-mortem report deceased girl was shown pregnant but there is no D.N.A. report to support the version that the applicant was the biological father of the fetus shown in womb of deceased. Referring to facts of the matter, it was submitted that there is no evidence that applicant has abetted the deceased to commit suicide. Lastly, it was submitted that the applicant is in judicial custody since 12.08.2022, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail and submitted that deceased was a 13 years old girl and she was student of Class VIII. There is evidence that she was continuously being harassed by the applicant. In post-mortem report victim was shown pregnant. The mother and sister of victim has clearly stated that deceased has told that applicant has committed rape upon her. Learned A.G.A. further submitted that act and conduct of the applicant clearly shows that he has abetted the deceased to commit suicide.

5. After considering submissions of learned counsel for the parties, nature of accusations and all attending facts and circumstances of the case, no case for grant of bail is made out.

6. Accordingly, the instant bail application filed on behalf of applicant Achhelal is rejected.

7. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of one year from the date of production of copy of the order.

8. A copy of this order be forwarded to the concerned trial court for necessary compliance."

4. It is submitted by learned counsel for the applicant that after incident, the first information report was lodged under Sections 354, 506, 305 IPC and during investigation Section 376 IPC was added without any credible evidence. In his statement recorded under Section 161 CrPC, informant has not made any allegation of rape. It is further submitted that at the time of rejection of first bail application of the applicant, FSL report regarding foetus of deceased was not received. Now the D.N.A. report has been received and as per said D.N.A. report, there is no evidence that applicant is biological father of the foetus shown in the womb of deceased and thus, the prosecution version regarding rape of deceased is not supported by medical evidence. All the material evidences have already been examined before the trial court and thus, there is no possibility of tampering with evidence. It was stated that while rejecting the first bail application of the applicant, the trial court was directed to expedite the trial and to decide the same preferably within one year, but the case is at the stage of evidence and a number of witnesses are yet to be examined. The applicant is in jail since 12.08.2022 and thus, he has already undergone the detention of about two and half years. There is no direct evidence that applicant has abetted the deceased to commit suicide. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate with the trial.

5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that deceased was aged about 13 years old girl and mother and sister of deceased have stated that applicant has committed rape upon her and that deceased has committed suicide.

6. Considering the submissions of learned counsel for the parties, nature of accusations, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed.

7. Let the applicant-accused - Achhelal involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 21.3.2025 Rama Kant RAMA KANT High Court of Judicature at Allahabad

3. The first bail application of applicant was rejected by this Court vide order dated

31.01.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

2. The present bail application has been filed by the applicant in case crime No. 374 of 2022, under Sections - 305, 506, 354, 376(2)(L) I.P.C. and Section 5/6 POCSO Act, Police Station Pipraich, District - Gorakhpur with the prayer to enlarge the applicant on bail.

3. It has been argued by learned counsel for applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged on 24.07.2022 alleging that applicant used to harass the daughter of informant and resultantly she committed suicide. Learned counsel submitted that in the first information report there was no allegation of rape. Similarly in her statement recorded under Section - 161 Cr.P.C. also the informant has not made any allegation of rape. After that on 26.08.2022 supplementary statement of informant and sister of deceased were recorded, wherein they have inter-alia stated that two days before the incident, the deceased has told that she is continuously being harassed by the applicant-accused and he has also committed rape upon her. It was submitted that the said version of rape is wholly false and improbable. Though, in post-mortem report deceased girl was shown pregnant but there is no D.N.A. report to support the version that the applicant was the biological father of the fetus shown in womb of deceased. Referring to facts of the matter, it was submitted that there is no evidence that applicant has abetted the deceased to commit suicide. Lastly, it was submitted that the applicant is in judicial custody since 12.08.2022, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail and submitted that deceased was a 13 years old girl and she was student of Class VIII. There is evidence that she was continuously being harassed by the applicant. In post-mortem report victim was shown pregnant. The mother and sister of victim has clearly stated that deceased has told that applicant has committed rape upon her. Learned A.G.A. further submitted that act and conduct of the applicant clearly shows that he has abetted the deceased to commit suicide.

5. After considering submissions of learned counsel for the parties, nature of accusations and all attending facts and circumstances of the case, no case for grant of bail is made out.

6. Accordingly, the instant bail application filed on behalf of applicant Achhelal is rejected.

7. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of one year from the date of production of copy of the order.

8. A copy of this order be forwarded to the concerned trial court for necessary compliance."

4. It is submitted by learned counsel for the applicant that after incident, the first information report was lodged under Sections 354, 506, 305 IPC and during investigation Section 376 IPC was added without any credible evidence. In his statement recorded under Section 161 CrPC, informant has not made any allegation of rape. It is further submitted that at the time of rejection of first bail application of the applicant, FSL report regarding foetus of deceased was not received. Now the D.N.A. report has been received and as per said D.N.A. report, there is no evidence that applicant is biological father of the foetus shown in the womb of deceased and thus, the prosecution version regarding rape of deceased is not supported by medical evidence. All the material evidences have already been examined before the trial court and thus, there is no possibility of tampering with evidence. It was stated that while rejecting the first bail application of the applicant, the trial court was directed to expedite the trial and to decide the same preferably within one year, but the case is at the stage of evidence and a number of witnesses are yet to be examined. The applicant is in jail since 12.08.2022 and thus, he has already undergone the detention of about two and half years. There is no direct evidence that applicant has abetted the deceased to commit suicide. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate with the trial.

5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that deceased was aged about 13 years old girl and mother and sister of deceased have stated that applicant has committed rape upon her and that deceased has committed suicide.

6. Considering the submissions of learned counsel for the parties, nature of accusations, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed.

7. Let the applicant-accused - Achhelal involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 21.3.2025 Rama Kant RAMA KANT High Court of Judicature at Allahabad