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2025 DAILYLAW 40554 (ALL)

AMIT v. STATE OF U.P.

BAIL/12014/2025 · 2025-04-10

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53554 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12014 of 2025 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Kumar Yadav, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.281 of 2024, under Sections 64, 351(2) B.N.S., Police Station Jaitipur, District Shahjahanpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 20.10.2024 at about 11:30 a.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about sixteen hours and there is no explanation of the said delay caused. There is no medical corroboration of the incident. 6. Learned counsel for the applicant has further argued that the statement of the victim is contradictory at several places including under Sections 180 and 183 B.N.S.S. Learned counsel has further stated that the victim is major aged about 19 years. There is no criminal history of the applicant. The applicant is languishing in jail since 21.10.2024 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 State Law Officer has vehemently opposed the bail application on the ground that the doctor has observed redness on the vital organ of the victim and she has also complaint of pain in her back, as such, the prosecution story sands fortified. 8. After hearing learned counsel for the parties and taking into consideration the injuries sustained by the victim and the FIR being instituted the same day of offence, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. 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 :- 11.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad