Allahabad High Court
Mahendra vs State Of U.P. on 23 August, 2025
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:146013
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5944 of 2024
Applicant :- Mahendra
Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha
Counsel for Opposite Party :- Archana Singh,G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicant and learned A.G.A. for the State of U.P.
2-This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 06.02.2023 in Criminal Misc. Bail Application No. 1672 of 2022.
3-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 217 of 2021, under Section 376(D)(A), 504, 506, 366A I.P.C. and Section 6 POCSO Act, Police Station-Maudaha, District-Hamirpur, during the pendency of trial.
4-The brief facts of the case which are required to be stated are that the informant Bardani has lodged an F.I.R. on 05.08.2021 with regard to an incident which took place on 02.08.2021 against Mahendra (present applicant) and Shivam alleging inter-alia that on 02.08.2021 at about 3:30 pm when his daughter, aged about 15 years, went to attend the call of nature, both the aforesaid accused persons came on a motorcycle and at the point of tamancha, threatened her to sit on their motorcycle. They forcefully took his daughter on the motorcycle and the said incident was also witnessed by his son. F.I.R. further alleges that both the aforesaid accused persons have committed rape.
5-During investigation, the victim in her statement recorded under Section 161 and 164 Cr.P.C. has supported the prosecution case making allegation of committing rape on her by the applicant as well as co-accused Shivam. Accordingly, charge-sheet was submitted and the present applicant is facing trial.
6-The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 07.08.2021 but till date, his trial has not been concluded, therefore, considering the detention period of the applicant, he may be enlarged on bail.
7-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant by contending that the statement of the victim has been recorded before the trial court as PW-2, in which she has made specific allegation of rape against the applicant and co-accused Shivam. It is also submitted that all the prosecution witnesses of fact have been examined. Learned A.G.A., upon instructions, next submits that till date, five prosecution witnesses have been examined and so far as the statement of remaining prosecution witnesses are concerned, it is submitted that they shall be produced before the trial court without seeking any adjournment.
8-Having heard the submissions of learned counsel for the parties and perusing the record, I find that the victim has made allegation of rape against the applicant and co-accused Shivam during investigation as well as before the trial court. The trial of the applicant is proceeding, hence, in the light of statement of the victim as well as the judgment of the Apex Court in the case of X vs. State of Rajasthan and Another, 2024 SCC OnLine SC 3539 whereby it was observed that if the trial of the accused has started, his bail should not be granted in heinous offences like murder, rape and dacoity, therefore, I do not find any good ground to enlarge the applicant on bail.
9-Accordingly, the bail application is rejected.
10-It is made clear that any observation made in this order is for the purpose of disposal of bail application and shall not affect the merit of the trial.
11-However considering the detention period of the applicant, Superintendent of Police, Hamirpur is directed to ensure the production of all the remaining prosecution witnesses on the dates fixed before the trial court so that the trial of the applicant may be concluded at earliest.
12-On appearance of the prosecution witnesses, the trial court shall record their statement on the same day and an opportunity of cross-examination to the defence shall be given in continuation of examination-in-chief.
13-Copy of this order be communicated to Superintendent of Police, Hamirpur as well as concerned trial court for necessary information and compliance.
Order Date :- 23.8.2025
Saurabh
