Rahul vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:35014

Court No. - 5

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7901 of 2025

Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is the second bail application.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 275 of 2023 at Police Station Chhaprauli, District Baghpat under Sections 363, 376 D, 506 IPC and Section 5m/6 POCSO Act. The applicant is in jail since 29.11.2023.

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The first bail application of the applicant was rejected by this Court on 09.04.2024.

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The following arguments made by Sri Birendra Singh Khokher, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

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The applicant never influenced witnesses or tampered with the evidence.

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The applicant did not adopt dilatory tactics or impede

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the trial proceedings.

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The status report sent by the trial court in the bail application of a co-accused Vikas Khokhar registered as Criminal Misc. Bail Application No. 39258 of 2024 records that the prosecution proposes to examine 13 witnesses and 4 witnesses including the victim and the first informant have been examined. The investigation officer is now proposed to be examined. There is no possibility of the applicant influencing the witnesses or tampering with the evidence.

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Continued imprisonment of the applicant will disable him from crafting an effective defence strategy, gathering evidence in his support thereof and tendering the same before the learned trial court to absolve himself of the charges. Further detention of the applicant will be detrimental to his defence in the trial and inconsistent with the norms of fairness in criminal processual jurisprudence.

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This Court in Prabhat Gangwar v. State of U.P. (Criminal Misc. Bail Application No.2586 of 2023) while considering the grant of enlarging an accused on bail for preparing his defence and gathering evidence to tender the same before the learned trial court for establishing his innocence held:

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"Nature and gravity of the offence is certainly liable to be considered by the court while considering grant of bail. The Court has also to factor the likelihood of whether the accused committed the offence while deciding a bail application. The court also has to

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determine in the facts of the case whether the accused needs to be set at liberty to frame his defence and gather evidence to refute the prosecution case and establish his innocence. The bail court has to examine whether continued incarceration would disable the accused from tendering an effective defence of his case. This is a demand of processual fairness in criminal jurisprudence.

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Setting an accused at liberty at large on this ground cannot be applied mechanically in all cases. The issue has to be considered in the facts and circumstances of each case while doing so. All relevant facts including the evidences in the record, the conduct of the accused during the investigation as well as trial have to be adverted to before a decision is made in this regard."

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Considering the aforesaid parameters in light of the facts of this case, I am of the opinion that Prabhat Gangwar (supra) is applicable to the facts of this case.

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The applicant claims congruency in role and seeks parity in relief granted to the co-accused-Vikas Khokhar, who has been enlarged on bail by this Court by order dated 20.02.2025 in Criminal Misc. Bail Application No. 39258 of 2024.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending.

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In wake of the preceding discussion and without making any observations on the merits of the case, the bail

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application is allowed.

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Let the applicant- Rahul 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 below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023) .

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The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.

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It is further directed that in case the accused does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court.

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Order Date :- 10.3.2025

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Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Rahul v. State of U.P. and 3 Others

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Rahul v. State of U.P. and 3 Others

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