Fateh Khan Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 15483 of 2025

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Fateh Khan

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.....Applicant(s)

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Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A. Court No. - 66

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Satish Kumar, Advocate holding brief of Sri Prashant Sharma, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

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This is second bail application of the applicant. The first bail application of the applicant was dismissed as not pressed by this Court vide order dated 08.04.2025 passed in Criminal Misc. Bail Application No. 4521 of 2025.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Fateh Khan , seeking enlargement on bail during trial in connection with Case Crime No. 332 of 2024, under Sections 64, 351(3) B.N.S., Police Station Sasni, District Hathras.

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The first information report of the present matter was lodged on 24.10.2024 by Surendra Singh against the applicant alleging therein that on 24.10.2024 at about 1 am the applicant aged about 25 years came inside his house and committed rape on his chachi who is aged about 60 years. On her raising shout he and his cousin brother Ramesh Chandra reached the said place where on seeing them the accused ran away threatening them that they should not make any complaint to the police station.

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Learned counsel for the applicant submitted that the applicant has

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BAIL No. 15483 of 2025

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been falsely implicated in the present case. It is submitted that the investigation in the matter has been concluded and charge-sheet has bee submitted and thus there is no chance of the applicant tampering with evidence. It is further submitted that the victim was medically examined and the doctor did not find any injury either on her person or on her private parts and thus the factum of rape does not corroborate from the medical evidence. While placing paragraph 27 of the affidavit it is submitted that the applicant is involved in three other cases out of which in two cases he has been granted bail whereas in the third case the same is lodged after the present case. The applicant is in jail since 25.10.2024.

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Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the medical examination of the victim does not show any injury either on her body or on her private parts. The investigation in the matter has concluded and charge-sheet has been submitted.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Fateh Khan , be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall

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BAIL No. 15483 of 2025

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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 will not misuse the liberty of bail in any manner whatsoever. 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., 2023 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 209 B.N.S., 2023.

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(v) 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 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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October 29, 2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Fateh Khan v. State of U.P.

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