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2025 DAILYLAW 203878 (ALL)

VIJAY PRATAP SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. GOVT. OF U.P. HOME DEPTT. LKO AND OTHERS

CRLP/9954/2025 · 2025-11-12

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9954 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Sri Rajendra Singh Chauhan, learned counsel for the petitioner and Ms. Meera Tripathi, learned Additional Government Advocate for the State/ opposite parties. 2. By means of this writ petition, the petitioner has assailed the impugned First Information Report (in short F.I.R.) dated 04.10.2025 bearing F.I.R./Case Crime No.0311 of 2025, under Sections 351(3) & 64(1) of Bharatiya Nyay Sanhita, 2023, and Section 3(2)(v) of SC/ST Act, Police Station-Gurubakshganj, District-Raebareli, as contained in Annexure No.1 to the writ petition. 3. Learned counsel for the petitioner has submitted that the present petitioner has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the impugned F.I.R. As per Sri Chauhan, the incident in question is dated 23.06.2025 whereas the impugned F.I.R. has been lodged on 04.10.2025, which is an after thought and has been lodged having ulterior motive and extraneous design in the mind of the informant/ complainant. 4. Sri Chauhan, learned counsel for the petitioner has also stated that in the prosecution story right from the F.I.R. to her statement recorded under Sections 180 & 183 B.N.S.S. there are apparent variations, which creates doubt on the prosecution story. 5. Learned Additional Government Advocate has shown the statement of the Versus Counsel for Petitioner(s) : Rajendra Singh Chauhan, Vineet Mishra Counsel for Respondent(s) : G.A. Vijay Pratap Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Govt. Of U.P. Home Deptt. Lko And Others .....Respondent(s) prosecutrix recorded under Section 183 B.N.S.S. by submitting that in such statement the prosecutrix has levelled allegation of rape against the petitioner. 6. On that, learned counsel for the petitioner has stated that he has been falsely implicated in this case, but liberty may be given to the petitioner to file anticipatory bail application before the competent court of law and direction may be issued him/ her to consider and dispose of the same within a stipulated time. 7. Therefore, without entering into merits of the issue and considering the aforesaid innocuous request of learned counsel for the petitioner, we hereby dispose of this writ petition finally at the admission stage giving liberty to the petitioner to file anticipatory bail application before the competent court of law within a period of three weeks from today taking all pleas and grounds which are available with him and if such anticipatory bail application is filed by the petitioner within the aforesaid stipulated time, the same may be heard and disposed of on its own merit, strictly in accordance with law, with expedition without giving any unnecessary adjournment to either of the parties. 8. Accordingly, the writ petition is disposed of finally. November12,2025 Suresh/ CRLP No. 9954 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench