Allowed

Rajesh Singh @ Khanna v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Allahabad HC18 Jun 2024BAIL/6352/2024

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 323, 504, 506, 427, 376, and 457 IPC, the High Court at Lucknow examined discrepancies between the FIR and victim statements, including unrecorded children's statements. Finding the fit case for bail due to lack of immediate threat and procedural lapses, the court granted bail with conditions.

What did the court decide?

The applicant is released on bail on personal bond and two sureties subject to conditions regarding non-interference, presence in court, and prohibition on filing adjournment petitions.

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

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Neutral Citation No. - 2024:AHC-LKO:43238

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6352 of 2024

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Applicant :- Rajesh Singh @ Khanna Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime/F.I.R. No. 0259 of 2024 under Sections 323, 504, 506, 427, 376, 457 I.P.C., Police Station- Pihani, District- Hardoi.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case as informant of the present case is sister-in-law ( 'bhabhi' ) of the applicant and due to some land dispute, the F.I.R. in question was lodged on the basis of concocted facts. He further submits that as per the contents of the F.I.R., the informant has not revealed relation with the applicant and she stated that on 14.04.2024, when she was alone, the applicant entered into her room at 09:15 P.M. and started abusing her and also tried to molest her. In this connection, when she raised objection, she was beaten and the applicant also tried to dismantle the articles of the house by giving life threat to her. On her cry, several persons reached on the post, thereafter, he went away.

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Further submission of learned counsel for the applicant submits that the informant's statement was recorded under Sections 161 and 164 Cr.P.C. and she developed a case of rape. It is further submitted that in victim's statement, she also stated that her children were sleeping in Varandah, but their statements have not been recorded.

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Further submission of learned counsel for the applicant is that applications were given by wife of the applicant on 15.04.2024 and 18.04.2024 but no action was taken by the police and clothes of the victim were also not recovered by the Investigating Officer. It is further submitted that the applicant is

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in jail since 20.04.2024 and charge-sheet has already been filed. It is lastly submitted that there is no possibility of tempering of any evidence, thus, the applicant is entitled for bail.

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Learned A.G.A. vehemently opposes the prayer of the applicant, but he does not dispute the fact that in the F.I.R., there is no allegation of rape but thereafter victim made allegation of rape in her statement recorded under Section 161 and 164 Cr.P.C. He also does not dispute the fact that statements of children of victim were also not recorded by the Investigating Officer.

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Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of the bail application, F.I.R., statement of victim recorded under Sections 161 and 164 Cr.P.C., medico legal examination of victim, applications given by wife of the applicant to concerned police officials on 15.04.2024 and 18.04.2024 as well as other relevant enclosures; it is evident that in the F.I.R., there is no allegation of attempt to molest the victim, and in victim's statement recorded under Sections 161 and 164 Cr.P.C., she stated that her children were sleeping in Varandah adjoining to the room and she was beaten by the applicant, but there is no sign that children also reached on the spot. Thus, this is a fit case for bail and the applicant is entitled to be released on bail.

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Let the applicant- Rajesh Singh @ Khanna who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on

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each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.6.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Singh @ Khanna v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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Rajesh Singh @ Khanna v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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