Rakesh Vs State of U.P through Its Principal Secretary (Home)

Neutral Citation No. - 2025:AHC:105849

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22330 of 2025

Applicant :- Rakesh Opposite Party :- State Of U.P Through Its Principal Secretary (Home) Counsel for Applicant :- Rahul Mishra,Sanjay Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Sanjay Mishra, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rakesh , seeking enlargement on bail during trial in connection with Case Crime No. 37 of 2025, under Sections 108, 61(2), 308(5), 64(1) B.N.S., Police Station B.B. Nagar, District Bulandshahr.

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The first information report of the present matter was lodged on 12.02.2025 by Ram Kishan against the applicant and 03 other persons alleging therein that the marriage of his daughter was fixed for 03rd March, 2025. She was quite disturbed since many days and on asking used to avoid it. She asked for money many times for marriage which was given by him. The house was being painted for marriage. In the morning at about 8.00-8.30 am she went inside the bathroom after which smoke was seen from inside and there were shrieks on which they ran to the bathroom and broke it open and found his daughter to be burnt. She was taken to the hospital. His son saw a note in the house. The applicant used to torture her and demand money. He had committed rape on her and used to threaten her to bring disrepute by launching her objectionable video and making it viral on the social website. She committed suicide due to the same.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant was not present at the place of occurrence. The cause of death is shock as a result of antemortem burn injuries. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. The applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 14.02.2025.

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Per contra , learned counsel for the State opposed the prayer for bail and submitted that the conduct of the applicant was such that he was torturing the deceased to such extent that she committed suicide.

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After having heard learned counsel for the parties and perusing the record, it is evident that the applicant was not present at the place of occurrence. The allegation is of his committing rape on the victim and then threatening her of launching her objectionable video and photo on the web portal and extorting money. The victim committed suicide and died. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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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- Rakesh , 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 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

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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. (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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Order Date :- 7.7.2025 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

Rakesh v. State of U.P through Its Principal Secretary (Home)

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Rakesh v. State of U.P through Its Principal Secretary (Home)

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