Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54249 (ALL)

RAVI RAJPOOT @ RAVI SINGH v. STATE OF U.P. AND 3 OTHERS

BAIL/15991/2025 · 2025-05-20

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:85427 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15991 of 2025 Applicant :- Ravi Rajpoot @ Ravi Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- Ashish Goyal,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dhirendra Singh Rajput, learned counsel for the applicant and Sri Ashish Goyal, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 193 of 2025, under Sections 351(3), 64(2)(M) of BNS and Sections 11(iii)(v)/12 of POCSO Act, Police Station Jagdishpura, District Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim several times and is stated to have committed the said offence in the month of January, 2025 last time. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about three months and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim seems to be a consenting party. It is true that the applicant is stated to be about 45 years and is a friend of the father of the victim but the delay in FIR itself speaks volume of false implication. It is further stated that statement of the victim recorded under section 183 BNSS is full of embellishments which has been garnered after legal consultation. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 06.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have has vehemently opposed the bail application on the ground that the applicant has misused his clout and has shown certain indecent videos to her when she was barely 15 years, as such, ingredients of POCSO Act are attracted against the applicant and the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR and taking into consideration the statement of the victim recorded under section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ravi Rajpoot @ Ravi Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 21.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad