Shiv Kumar Rajbhar Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 4 Others

Neutral Citation No. - 2025:AHC-LKO:16436

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12282 of 2024

Applicant :- Shiv Kumar Rajbhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others

Counsel for Applicant :- Kapil Misra,Sarvesh Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

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Heard Shri Kapil Misra, learned counsel for the applicant, Shri Ravi Srivastava, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.209 of 2024, under Sections 64, 62, 76, 352, 351(3) B.N.S. & 9/10 of P.O.C.S.O. Act and 3(2)5A, 3(1)D, 3(1)S of S.C./S.T. Act registered at Police Station- Sammanpur, District- Ambedkar Nagar.

The aforesaid case has been registered on the basis of F.I.R. lodged on 07.10.2024 against the applicant and one Firoz, stating that the informant's daughter aged about 16 years had gone to the mobile shop of the applicant in the noon of 04.10.2024. The co-accused, whose shop is also situated in the neighborhood, was also present there. Both of them put down the shutter of the shop and started molesting her. When she raised a hue and cry, several persons gathered there whereupon the accused persons abused and threatened her. The informant's daughter had told about the incident to the informant on 05.10.2024 upon which he lodged the FIR on 07.10.2024.

In the statement of the informant recorded under Section 180 B.N.S.S., the victim gave a signed statement in support of the FIR allegations, which statement has been made a part of the case diary.

Learned counsel for the applicant has submitted that a signed statement cannot be recorded under Section 180 B.N.S.S.

In the statement of the informant recorded under Section 183 B.N.S.S., she stated that the accused persons had dragged her inside the shop and put down the shutter of the shop and were trying to force themselves. She raised a hue and cry and a crowd gathered there. Some persons opened the shutter and she went to her home.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions stated that the information of the present application has been delivered to the informant through police. Learned A.G.A. has further submitted that besides statement of no person other than the informant and victim is available in the case diary. The investigation stands completed and a charge-sheet has already been submitted on 03.12.2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 04.10.2024, the victim told about the incident to her father (the informant) on 05.10.2024 yet the FIR was lodged on 07.10.2024; the victim did not level allegation of commission of rape; that although the victim stated that a crowd had gathered outside the shop, statement of no other person has been recorded by the Investigating Officer coupled with the fact that the applicant has no criminal history, he is languishing in jail since 08.10.2024 and investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant

on bail in the aforesaid crime.

Let the applicant- Shiv Kumar Rajbhar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi, J.]

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Order Date :- 21.3.2025

-Amit K-