Rajan Bajpei @ Lalit Bajpai vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2025) — LawSathi Research

Rajan Bajpei @ Lalit Bajpai vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant-Rajan Bajpei @ Lalit Bajpai to be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.

Issue for consideration

Whether the applicant Rajan Bajpei @ Lalit Bajpai should be released on bail in Case Crime No. 364/2024, Police Station Masauli, District Barabanki, registered under Sections 70(1), 76, 352, 351(3) B.N.S.

Court's answer

The aforesaid facts — the incident taking place on 15.09.2024 while the FIR was lodged on 20.09.2024 and did not contain any allegation of commission of rape, that allegation having been levelled for the first time while recording the statement of the victim under Section 183 BNSS and not being supported by the findings of the medico-legal examination report, the investigation already standing concluded, and the applicant languishing in jail since 26.10.2024 — are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Detailed headnote1 paragraphs

Bail granted — Criminal Misc. Bail Application No. 688 of 2025, decided on 29.05.2025 by Hon'ble Subhash Vidyarthi, J. (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 15). Applicant Rajan Bajpei @ Lalit Bajpai sought release on bail in Case Crime No. 364/2024, Police Station Masauli, District Barabanki, under Sections 70(1), 76, 352, 351(3) B.N.S., registered on an F.I.R. of 20.09.2024 against him and his brother Pradeep Bajpai alias Guddu Bajpai, alleging that the applicant caught hold of the informant's hand and the brother molested her and tore away her clothes; a charge-sheet was submitted on 12.04.2025. Allowing bail, the court relied on: (i) the gap between the incident (15.09.2024) and the FIR (20.09.2024); (ii) the FIR containing no allegation of commission of rape, that allegation having been levelled for the first time in the victim's statement under Section 183 BNSS and being unsupported by the medico-legal examination report (no fresh external mark of injury or sign of use of force); (iii) the investigation already standing concluded; and (iv) the applicant languishing in jail since 26.10.2024. Release was ordered on a personal bond and two sureties each in the like amount, subject to conditions that the applicant shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial Court.

Neutral Citation No. - 2025:AHC-LKO:33277

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 688 of 2025

Applicant :- Rajan Bajpei @ Lalit Bajpai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Kamlesh Kumar Yadav,Paritosh Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Kamlesh Kumar Yadav, the learned counsel for the applicant, Sri Anshuman Verma, the learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 364/2024, under Sections 70(1), 76, 352, 351(3) B.N.S., Police Station Masauli, District Barabanki.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.09.2024 against the applicant and his brother Pradeep Bajpai alias Guddu Bajpai stating that the applicant caught hold of the informant's hand and the applicant's brother molested her and tore away her clothes. Upon hearing her cries, her husband, brother-in-law, father-inlaw came there and the accused persons ran away.

In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated her earlier version but in her statement recorded under Section 183 B.N.S.S., the informant added that both the accused persons had raped her.

The medico-legal examination report mentions no fresh external mark of injury or sign of use of force.

In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 29 years having no criminal history and he has been falsely implicated in the present case.

Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 12.04.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 15.09.2024 whereas FIR was lodged on 20.09.2024 and it does not contain allegation of commission of rape, which allegation has been levelled for the first time while recording statement of the victim under Section 183 BNSS and this allegation is not supported by the findings of the medico legal examination report and that the applicant is languishing in jail since 26.10.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Rajan Bajpei @ Lalit Bajpai be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court.

Order Date :- 29.5.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench