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2025 DAILYLAW 184723 (ALL)

ARVIND GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO

BAIL/4700/2024 · 2025-11-03

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4700 of 2024 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present second bail application has been filed by the applicant-Arvind Gautam, who is involved in F.I.R./Case Crime No.359 of 2022, under Sections 306, 376 I.P.C. and Section 67 of I.T. Act, Police Station-Atrauli, District-Hardoi. The first bail application of the applicant was rejected on 17.8.2023 in Criminal Misc. Bail Application No.12052 of 2022. It has been submitted by learned counsel for the applicant that the subordinate court has summoned the formal witnesses i.e. police and doctors, who are PW1, PW-2 and PW-3 and they have been examined. It has been submitted that the fact witness PW-4, who is the complainant has also been examined by the subordinate court and his statement i.e. examination in chief has been recorded on 2.7.2025 and thereafter, the complainant is not cooperating in the trial and his cross examination is not completed. He submits that the applicant is entitled for bail on the ground of delay. Learned A.G.A has opposed the prayer for grant of bail. He submits that examination in chief indicates that PW-4, who is the complainant, has assigned the role against the applicant and the allegation of rape has been asserted. It has been submitted that only on the ground of delay, bail may not Versus Counsel for Applicant(s) : Smriti, Amar Singh Counsel for Opposite Party(s) : G.A. Arvind Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko .....Opposite Party(s) be granted. Considering the facts and circumstances of the case, this Court has passed a detailed order while rejecting the first bail application of the applicant. The examination in chief also indicates that there is allegation of rape made against the applicant. This Court finds that it is not a fit case for grant of bail. Accordingly, this second bail application is rejected. However, the trial court is directed to decide the case expeditiously in accordance with law without giving any unnecessary adjournment. Office is directed to communicate this order to the trial court. November 3, 2025 Sachin BAIL No. 4700 of 2024 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench