Kanhaiya Alias Vijendra Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:91557

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17340 of 2025 Applicant :- Kanhaiya Alias Vijendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Shyam Lal, learned counsel for the applicant and Sri Shailendra Singh, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and also perused the material placed on record.

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Applicant seeks bail in Case Crime No. 391 of 2024, under Sections 127(2), 65(1), 351(3) of BNS and Sections 3/4 of POCSO Act, Police Station - Dhanari, District - Sambhal, during the pendency of trial.

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As per prosecution story, the applicant is stated to have forcibly taken the victim to his house from the public hand-pump on 21.12.2024 at about 12 Noon and is stated to have committed rape with her.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than one day and there is no explanation of the said delay caused.

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Learned counsel has also stated that there is no medical corroboration of the incident as the victim has not sustained any internal or external injuries on her body. The victim by her looks seems to be major although as per ossification test report, her age has come out to be 15 years.

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Learned counsel has next stated that it is a clear cut case of false implication as there is a material contradiction in the statement of the victim recorded u/s 183 BNSS to the FIR whereby it is stated that the applicant had raped her four times during her stay at his house for eight hours. There is no criminal history of the applicant. The applicant is languishing in jail since 31.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on

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bail, he will not misuse the liberty of bail.

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Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was kept captive by the applicant for about 08 hours, as such, the informant reached the police station in the next morning and moved the application which has been registered in the evening only and there is no laxity on the part of the informant. It is further argued that the victim is minor as per ossification test report, as such, her consent, if any, also cannot be inferred. However, they could not dispute the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR, the statement of the victim recorded u/s 183 BNSS and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Kanhaiya Alias Vijendra , 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. Further, before issuing the release order, the sureties be verified.

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i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant will appear before the trial court on the date fixed.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date:- 28.5.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Kanhaiya Alias Vijendra v. State of U.P. and 3 Others

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Kanhaiya Alias Vijendra v. State of U.P. and 3 Others

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