Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49110 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10004 of 2025 Applicant :- Govind Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Raj Kumar Pandey, Advocate holding brief of Sri Yogendra Kumar Srivastava learned counsel for the applicant, Sri Rajeev Mishra, learned counsel for the informant and Sri J.K. Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 83 of 2024 under Sections 3(5), 115(2), 352, 351(2), 126(2), 70(1), 304(2) B.N.S., Police Station Churki, District Jalaun during the pendency of trial. 4. As per prosecution story, the applicant along with other family members is stated to have committed gang-rape with the victim by forcing her into an agricultural field and had even caused injuries to her and thrown red chilli powder on her private parts and body. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false and it is a clear cut case of enmity, as the daughter of the applicant had filed Non- Cognizable Report against the husband of the victim on 28.11.2024 and the daughter of the applicant had given an application before the police station on 22.05.2024, which has been filed before the S.H.O. and S.P., Orai. The said application is annexed as Annexure No.5 to the affidavit filed in support of the bail application. 6. Learned counsel for the applicant has further stated that the instant case is merely a counterblast to the said applications and Non-Cognizable Report. There is no criminal history of the applicant. The applicant is languishing in jail since 29.11.2024 and
he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the victim has sustained injuries all over her body and even the doctor conducting her medical examination has stated that blood soaked soil stains were present on the vital part of the body. 8.
It is further argued that other co-accused persons have been exonerated by the police as closure report has been filed against all the other accused persons, as such, the applicant is not entitled for bail as the prosecution story stands corroborated. 9. After hearing the parties and taking into consideration the fact that the applicant is named in the case of gang-rape and the injury report also supports the prosecution story, I do not find it to be a fit case for bail. 10. In view of the above, the instant bail applicant is rejected. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.4.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad