Extracted from the PDF above. The PDF is authoritative.
1 Neutral Citation No. - 2025:AHC:78658 Reserved On:- 09.05.2025 Delivered On:- 14.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4929 of 2024 Applicant :- Triloki Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Yadav,Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.,Ganga Ram,Saroj Giri Hon'ble Siddharth, J.
1. Heard Sri Awadhesh Kumar Yadav, learned counsel for the applicant and learned A.G.A for the State.
2. The instant bail application has been filed on behalf of the applicant, Triloki Gaud, with a prayer to release him on bail in Case Crime No. 212 of 2023, under Sections- 376D, 306 IPC, Police Station- Rudhauli, District- Basti.
3. There are allegations in the F.I.R that the applicant and co-accused, Adarsh Singh, committed rape against the wife of his younger brother on
21.09.2023. Being hurt by the same and feeling helpless, his brother, Ram, Naval, and his wife, Arti, consumed poisonous substance on the same day and both of them died.
4.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The role of commission of offence of rape against the deceased as per her videographed dying declaration, has been assigned to co-accused, Adarsh Singh, son of Sanjay Singh. He has submitted that the applicant has been falsely implicated in this case. He is in jail since 23.09.2023 and has no previous criminal history to his credit.
2
5. Learned A.G.A has pointed out that from the perusal of the videographed dying declaration of the deceased found in mobile phone, clear allegation against applicant and co-accused both appear to have been made. There is allegation against the applicant and the co-accused both committed the offence of gang rape against the deceased, wife of younger brother of the informant. They have also made incriminating video of deceased also.
6. Considering the totality of facts and circumstances of this case, this Court after hearing the learned counsels for the parties, does not finds any ground for enlarging the applicant on bail at this stage.
7. The bail application is accordingly, rejected.
8. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. (new Section 346 B.N.S.S.).
Order Date :- 14.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad