Allowed

Raghuvar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC10 Jan 2024BAIL/299/2024

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Raghuvar Singh, an indigent accused charged with rape. Relying on the one-sided FIR, inordinate delay in complaint, and the applicant's age and lack of criminal history, the judge granted bail on personal bonds and sureties.

What did the court decide?

The applicant is released on bail on personal bond and two sureties of Rs. 20,000 each, attending hearings and refraining from victimisation or tampering.

Raghuvar Singh vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:53992

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 299 of 2024

¶4

Applicant :- Raghuvar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

¶5

Counsel for Applicant :- Suneel Kumar Maurya,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.

¶6

Hon'ble Pankaj Bhatia,J.

¶7

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶8

In terms of the F.I.R., it was alleged that on 28.9.2023, the daughter of the informant aged about 23 years who was living separately on account of a dispute with her husband was raped on various occasions by the applicant under threat.

¶9

Learned counsel for the applicant argued that apart from the F.I.R. version, there is no evidence to implicate the applicant. The victim is a married lady and is living separately from her husband and there is no reason for inordinate delay in lodging the F.I.R. The applicant is in jail since 29.9.2023 having no criminal history, hence, the applicant may be enlarged on bail.

¶10

Learned A.G.A. opposed the prayer for bail.

¶11

Considering the allegations levelled in the present F.I.R. and prima facie there being no material apart from the statement of the victim to implicate the applicant and also considering the inordinate delay in lodging the F.I.R., the applicant who is around 59 years of age languishing in jail since 29.9.2023 having no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶12

Accordingly, the bail application is allowed.

¶13

Let the applicant Raghuvar Singh be released on bail in FIR/ Case Crime No.357 of 2023, under Sections 376, 506 I.P.C., Police Station Kandhai, District Pratapgarh on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

¶14

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶15

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶16

(c) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶17

Order Date :- 6.8.2024

¶18

Shukla

¶19

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Raghuvar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

Raghuvar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohd. Akeel Vs State of U.P. Thru. Prin. Secy. Home Lko. and 4OTHERS

Chhotu Alias Umesh Kumar Vs State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Shishupal Singh Vs State of U.P. Thru. the Prin. Secy. Home, Lko. and Others

Harshendra Singh @ Raja Singh Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Shyam Bihari @ Shyam Kishor Vs State of U.P. Thru. Secy. Home Lko.

Brijesh Kumar Prajapati Vs the State of U.P. Thru. Prin. Secy. Home, Deptt. Govt. Lko.