Udaybhan Rajpoot Alias Shiva Bhanne vs State of U.P.

Neutral Citation No. - 2025:AHC:34810

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6238 of 2025

Applicant :- Udaybhan Rajpoot Alias Shiva Bhanne Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Sri Shiv Singh, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶8

Applicant seeks bail in Case Crime No.359 of 2024, under Sections 64(1), 351(3), 352 B.N.S., Police Station- Majhanpur, District- Kaushambi, during the pendency of trial.

¶9

As per prosecution story, the applicant is stated to have raped the victim about 7-8 months before the institution of FIR and had threatened her on 16.11.2024 to again establish corporeal relationship with her, thereby passed indecent remarks to her and her husband and had even made certain phone calls to her husband.

¶10

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 25 days from the date when the informant and her husband were threatened by the applicant. As far as the incident of rape is concerned, it is delayed by about eight months. There is no medical corroboration of the said incident. The victim is major aged about 30 years and the applicant himself is a youth of 24 years.

¶11

Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶12

Learned A.G.A. has vehemently opposed the bail application.

¶13

In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

¶14

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

¶15

Let the applicant- Udaybhan Rajpoot Alias Shiva Bhanne , 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.

¶16

(i) The applicant shall not tamper with evidence.

¶17

(ii) 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 313 Cr.P.C./351 B.N.S.S. 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.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

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.

¶20

Order Date :- 10.3.2025/ Vikas

¶21

(Justice Krishan Pahal)

¶22

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Udaybhan Rajpoot Alias Shiva Bhanne v. State of U.P.

Case brief

What is this about?

What did the court decide?

Udaybhan Rajpoot Alias Shiva Bhanne v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Kanhaiya Yadav @ Krishna Gopal vs State of U.P. and 3 Others

Teny Yadav vs State of U.P.

Chahat Srivas vs State of U.P. and 3 Others

Hamid vs State of U.P. and 3 Others

Yash Urf Bunty vs State of U.P. and 3 Others

Hemendra vs State of U.P.