Shailesh Vs State of. U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:46520

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12361 of 2024

Applicant :- Shailesh Opposite Party :- State Of. U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Learned AGA has informed that the notice to the complainant is served. However, none appears on behalf of the complainant.

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

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In the prosecution case, it is alleged that the accused no. 1, wife of the complainant took the minor daughter of the complainant aged about 14 years along with her on the pretext of providing her job in Delhi. Instead of taking the victim to Delhi, she took her to Village- Bhadaur, PS Lonar, DistrictHardoi. The accused nos. 2 to 4 raped the 14 year old daughter of the complainant. It is further alleged that the accused no.1, mother of the victim has played active role and got the victim raped in front of her eyes. As a result thereof, the victim is pregnant with six months of foetus.

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Learned counsel for the applicant submits that the PW-1, complainant is not the eye-witness. As per his statement before the trial court, he has given a written report as was told by the victim. He next submits that the victim has also been examined before the trial court where she has outrightly denied the prosecution version in her chief examination and thus, she has been declared hostile. The statement of PW-2 is on record as Annexure-SA-2 to the supplementary affidavit.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 18.7.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of

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the record, the statements of PW-1 and PW-2 so also the fact that the applicant has no criminal history; he is languishing in jail since 18.7.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Shailesh involved in Case Crime No. 198 of 2024, under Sections 376D, 323, 342, 120B IPC & Section 5J(2)/6 of POCSO Act, Police Station- Sursa, District- Hardoi, 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the 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 209 of B.N.S.

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Order Date :- 8.8.2025 Shravan

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

Shailesh v. State of. U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Shailesh v. State of. U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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