RAJAT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/5197/2025 · 2025-06-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145530 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145530 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35255 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5197 of 2025 Applicant :- Rajat Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Rajeev Narayan Pandey,Niteesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Shri Ran Vijay Singh, learned A.G.A. has placed the notice duly sent by S.I. Akhand Shukla, Police Station PGI, District Lucknow / Investigating Officer of the case in question, and submitted that information about the listing of the present case has already been given to the complainant. 2. The aforesaid notice is taken on record. 3. Despite service of notice, no one is present on behalf of the complainant, as such, the case is being decided with the assistance of learned counsel for the applicant as well as learned A.G.A.
4. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 5. The present bail application has been filed on behalf of the applicant in F.I.R. / Case Crime No.212 of 2025, under Sections 75, 78, 351(3) of BNS 2023 and Sections 7 & 8 of the Protection of Children from Sexual Offences Act, 2012 I.P.C., Police Station P.G.I., District Lucknow, with the prayer to enlarge him on bail. 6. Learned counsel for the applicant submitted that the applicant
is an innocent person and has been falsely implicated in the present case and he is in jail since 11.05.2025. He further submitted that F.I.R. in question has been lodged with the allegation that the applicant was staring the victim and was also trying to give bad touch. The applicant is having no criminal antecedent, the charge sheet has already been filed and there is no possibility of tampering of any evidence. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the prayer of the applicant for grant of bail and submitted that sufficient evidences are found against the applicant, therefore, he is not entitled for bail. 8.
Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as the charge sheet has already been filed and the applicant is having no criminal antecedent, as such, I am of the view that it is a fit case for bail. 9. Accordingly, the bail application is allowed. 10. Let applicant - Rajat Singh - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) 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. 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.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench