Bail application under Section 439 CrPC for an applicant accused under Sections 323, 354 and 376D IPC. The court found his case stood on better footing than the co-accused already granted bail and allowed bail on grounds of parity, with standard conditions.
Applicant released on bail on personal bond with two sureties, subject to imposed conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC:16370
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1804 of 2025
Applicant :- Dilip Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
By means of this application under Section 439 of Cr.P.C., applicant Dilip Kumar, who is involved in Case Crime No. 116 of 2024, under Sections 323, 354, 376D IPC, police station Akrabad, district Aligarh seeks enlargement on bail during the pendency of trial.
It is argued by learned counsel for the applicant that with regard to the alleged incident dated 22.02.2024, a first information report was registered on 23.02.2024 for the alleged offence under Sections 323, 354 I.P.C. on a written report of victim's father after medical examination dated 22.02.2024 of the victim, in which two injuries of simple nature were found on her body. Referring the contents of the F.I.R., it is pointed out that the allegation of assault and molestation has been levelled against the applicant Dilip Kumar and co-accused Gulshan, but when statements under Sections 161 and 164 Cr.P.C. of the victim were recorded on 04.03.2024 and 07.03.2024 respectively, she made improvement in her statement making allegations of rape against both the accused persons, which is not corroborated from her primary medical examination report dated 18.03.2024. In medical examination report of the victim as well as in her supplementary report/vaginal smear report, no spermatozoa was found. It is also submitted that there was intimacy and love affair between the victim and the co-accused Gulshan, who has been granted bail by this Court vide order dated
16.12.2024 in Criminal Misc. Bail Application No. 29960 of 2024, copy of said order has been filed at Annexure No. 6 to the affidavit filed in support of this bail application and hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of one case being Criminal Case No. 991 of 2021 arising out of Case Crime No. 0173 of 2021, under Sections 326, 323, 504 IPC, Police Station Akrabad, District Aligarh, in which he has been acquitted by the Court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 19.04.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.
On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but he could not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that case of the applicant stands on better footing than that of co-accused Gulshan, who has been granted bail as noted above, hence applicant has made out a case for bail on the ground of parity. Accordingly, the bail application is hereby allowed .
Let the applicant - Dilip Kumar 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:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial.
Order Date :- 5.2.2025
Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Should the applicant be enlarged on bail under Section 439 Cr.P.C. given parity with the co-accused who was granted bail and improvements in the victim's statements?
3 provisions across 2 enactments
Dilip Kumar
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
