Rajesh @ Rajesh Singh vs State Of U.P. Thru. Prin. Secy. Home Lko.
2025 Latest Caselaw 10655 ALL

Allahabad High Court

Rajesh @ Rajesh Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. on 16 September, 2025

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:56463
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. BAIL APPLICATION No. - 1149 of 2025   
 
   Rajesh @ Rajesh Singh    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Vivek Shukla   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Dharmendra Kumar Trivedi   
 
     
 
 Court No. - 12
 
   
 
 HON'BLE KARUNESH SINGH PAWAR, J.     

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. This is the second bail application of the applicant which has been filed by accused-applicant seeking bail in Case Crime No.19 of 2023, under Sections 376, 307, 452, 323, 324, 506 I.P.C., P.S. Gadaganj, District Raebareli. The first bail application of the applicant bearing Bail No.14632 of 2023 was dismissed by this court vide order dated 19.01.2024, the relevant part of the order is extracted below:-

"Counter affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant as well as learned AGA for the State.

It is alleged in the FIR by the informant/victim that she was engaged with the applicant. On 25.01.2023 at 7:00 pm while she was at her door, Rajesh came and asked her to accompany him to the field as there is something important to discuss. Since, she was engaged, therefore, believing him, she followed him where he told her that he likes her, however, she refused marry and thereafter, he forcefully committed rape upon her. It has been further alleged that during rape when she was trying to get free, she was threatened by the applicant and he ran away after committing rape. It is also alleged that she came home and when she tried to tell the incident to her mother, all of a sudden Rajesh came in and assaulted her by knife several times. When her younger sister Shiv Kumari came to her rescue, she was also assaulted by her. In serious conditions, she was taken to CHC Deenshah Gaura where from she was referred to Raibareli where she remained admitted from 26.01.2023 to 02.02.2023.

Learned counsel for the applicant submits that under Section 161 Cr.P.C., the victim has repeated the prosecution version. While giving statement under Section 164 Cr.P.C., she although alleged rape but no corroborative evidence has been found in the medical report to the effect that she was subjected to rape.

It has been further submitted by the learned counsel for the applicant that the applicant is very poor. He is confined in jail since 13.02.2023.

Learned AGA on the other hand has opposed the bail application submitting that after the incident, the victim remained admitted in the hospital from 26.01.2023 to 02.02.2023 and after she was discharged, she was medically examined and i.e. why there may not be any sign of rape in the medical examination. He has further submitted that the incident and the allegation to the extent that she was assaulted by the knife multiple times by the applicant is confirmed by the medical report which is on record as CA-5 to the counter affidavit filed by the State.

It has been further submitted by the learned AGA that Dr. Ajay Kumar Singh who prepared the medical report has opined that injury no. 1 has been caused by a sharp edged weapon and is dangerous to life. He has further stated that the victim received injuries on her face and head which have been caused by sharp edged weapon and the nature of injuries were such that she could have lost her life. It is thus, submitted that heinous offence has been committed by the applicant and such commission of offence is corroborated by the Statement of the victim, medical report of the victim as well as by the statement of the doctor.

Perused the record.

From perusal of the medical report, the victim has received following injuries:-

"??? 01 Incised wound of 81.5 cm on left face 1.5 cm medial from left fragus. Margins are regular and spindle shape. Active bleeding present. ??? 02Lacerated wound of 2.50.5 cm on postero parietal region 1 cm left from midline margins are regular Opinion Dangerous to life fresh in duration caused by sharp objeci refer to DH raebareli. ??? 01 ??? ??0 ?? ??? ?? ?????? ?????? ?? ??? ?? ???? ????? ??? ??"

On due consideration to the submission advanced, prima facie, the prosecution case is corroborated by the statement of the injured, injury report of the victim as well as statement of the doctor and also by the statement of the injured Shiv Kumari and its injury report. It is a heinous offence and thus, I am not inclined to enlarge the applicant on bail.

Accordingly, the bail application of the applicant Rajesh Singh involved in Case Crime/FIR No. 19/2023, under Sections 376/307/452/323/324/506 IPC, Police Station - Gadaganj, District - Raebareli is hereby rejected.

Let a copy of this order be transmitted to the learned trial court.

Learned trial court is directed to expedite and conclude the trial preferably within a period of one year from the date of receipt of the order."

3. Learned counsel for the applicant submits that while rejecting the first bail application, the court is directed to expedite and conclude the trial within a period of one year. He submits that copy of the order was directed to be transmitted to the learned trial court. More than one year has passed however, out of eight only three prosecution witnesses have been examined. P.W.1-complainant, P.W.2-injured prosecutrix and P.W.3 another injuries, the sister of the prosecutrix have been examined. P.W.1 and P.W.3 have stated that they have not seen the incident. P.W.2 though has supported the prosecution case however, there is lack of corroboration. The improvement has been made by the prosecution while giving statement before the trial court. It is submitted that applicant is languishing in jail since 13.02.2023. Applicant has no criminal history. There is no corroborative evidence to suggest rape. He submits that trial is not likely to be concluded in the near future. It is also submitted on behalf of the applicant that injuries as alleged will not travel beyond Section 324 IPC.

4. Learned A.G.A. has opposed the bail prayer.

5. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 13.02.2023 having no criminal history, in spite of the order passed by this Court out of eight only three prosecution witnesses have been examined, there appears to be no chance of tampering the prosecution witnesses, applicant has already remained in jail for more than two and half years so also the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

6. Accordingly, the bail application is allowed.

7. Let the applicant Rajesh @ Rajesh Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS).

(vi) 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. (now Section 84 BNSS) is issued and the 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 of the Indian Panel Code (now Section 209 BNS).

(Karunesh Singh Pawar,J.)

September 16, 2025

Saurabh Yadav/-