Vijay @ Vijay Singh Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29495 of 2025

Vijay @ Vijay Singh

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Abhishek Vishwakarma, Ramesh Kumar Ojha Counsel for Opposite Party(s) : G.A. Court No. - 64

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Ramesh Kumar Ojha, learned counsel for the applicant, Sri V.D. Ojha, learned A.G.A. for the State and perused the material on record.

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Learned A.G.A. submits that he has received instructions in the matter for which time was prayed and was allowed on 27.8.2025.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vijay @ Vijay Singh, seeking enlargement on bail during trial in connection with Case Crime No. 629 of 2024, under Section(s) 452, 376, 313, 506 I.P.C. registered at P.S. Tajganj, District- Agra.

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The F.I.R. of the matter was lodged on 03.10.2024 by the victim against the applicant and Smt. Kushma alleging therein that on 25.02.2024 when she was taking bath and no one was present in the house, her father and brother had gone to Bharatpur for taking medicines, the applicant who is her neighbour, came in the house while calling her on which she

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stated that her family members are not in the house but he came to bathroom, caught her mouth and tied her hands and committed rape upon her. He threatened her of murdering her and her family members. Later on he on finding opportunities continued committing rape upon her and threatening her. In the meantime, she became pregnant and he stated that she should not tell about it to anyone. The applicant and his wife then took her to a hospital and got pregnancy aborted. She was disturbed and then she was asked by her Bhabhi about the incident.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 25 years. It is submitted that in so far as the incident of abortion is concerned, there is no credible evidence regarding the same. It is further submitted that the present F.I.R. has been lodged after an unexplained delay of about 08 months. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. subsequently improves the prosecution version and states that the applicant clicked her photograph while she was taking bath and then on the strength of same threatened and committed rape upon her. It is submitted that no such photograph has been recovered during investigation. It is argued that the applicant has no other criminal antecedents as stated in para-16 of the affidavit and is in jail since 6.6.2025.

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

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After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged after an explained delay of 08 months. The allegation regarding the applicant and his wife getting pregnancy of the victim aborted is having no credible evidence till date. There is allegation of the applicant clicking photographs of the victim while taking bath but no such photograph has been recovered during investigation. The victim is a major girl.

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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- Vijay @ Vijay Singh, 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 82 Cr.P.C., 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 174-A I.P.C.

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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

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313 Cr.P.C. 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 229A IPC.

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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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