Lekhraj v. State of U.P..
Case brief
What is this about?
Along with mandatory service conditions regarding the course of trial in pursuit of Article 21 and other related considerations, the applicant is let out on bail in a pending rape case.
What did the court decide?
The applicant is released on bail on furnishing a personal bond and two sureties each in the like amount with specific conditions; the trial court is directed to conclude the trial expeditiously.
What the court decided
Neutral Citation No. - 2023:AHC:150268
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1015 of 2023
Applicant :- Lekhraj Opposite Party :- State Of U.P.. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.,Ajai Kumar Srivastava
Hon'ble Siddharth,J.
- Heard learned counsel for the applicant; Sri Ajay Kumar Srivastava, as well as the learned AGA for the State and perused the material placed on record.
- The instant bail application has been filed on behalf of the applicant, Lekhraj , with a prayer to release him on bail in Case Crime No. 257 of 2022, under Sections 452, 376, 506 IPC, Police Station Fatehpur Sikri, District- Agra, during pendency of trial.
- There is allegation against the applicant of entering into the house of the victim, committing the offence of rape and threatening.
- Learned counsel for the applicant has submitted that the victim is a married woman having three children. He has submitted that the husband of the victim was doing work of fixing marble and due to this resided out of station. Learned counsel for the applicant has submitted that due to absence of her husband, she befriended the applicant and went with him to different places. When her husband came home he did not found her. When she came back with the applicant, she got the FIR lodged against applicant to save himself from social ignominy. Victim was clearly consenting party. The applicant has been falsely implicated in this case. He has criminal history of two cases to his credit and is languishing in jail since 28.09.2022. The trial in the aforesaid case is not likely to be concluded in near future.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant in a rape case pending at trial stage.
Whether to direct the trial court to complete the trial expeditiously.
Parties & counsel
- applicant
Lekhraj
- respondent
State Of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/1015/2023
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