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2025 DAILYLAW 54349 (ALL)

ANKIT SINGH v. STATE OF U.P.

BAIL/15279/2025 · 2025-07-24

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123281 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15279 of 2025 Applicant :- Ankit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that FIR of the present case was lodged against applicant and co-accused Rekha by her husband and according to the FIR the daughter of the informant witnessed the applicant in objectionable condition along with co- accused Rekha and when she resisted then applicant along with co- accused Rekha assaulted her and hanged her and when daughter of the applicant raised alarm then with the help of villagers she was removed from the rope. Learned counsel for the applicant further submits that entire allegation leveled against the applicant is totally false and baseless and it is an unfortunate event, in which, daughter blamed her mother with regard to her character. He further submits that the co-accused, Rekha is 33 years old married lady having four children while the applicant was young age boy about 18 years and therefore entire story narrated in the FIR appears to be highly improbable. 5. He further submits that actually victim i.e. daughter of the informant is also aged about 14 years and she was having friendship with the applicant and her mother objected for this and on the date of incident when again she objected, as at that time victim was along with the applicant, then in anger she tried to commit suicide by hanging herself and only due to this reason during her medical examination doctor found one ligature mark around her neck. He further submits that after the incident when informant i.e. husband of the applicant has taken the victim to the hospital then on the way she narrated a totally false story to the informant and thereafter informant on the instigation and belief of victim i.e. his daughter lodged FIR of the present case. He further submits that the statement of the victim that after she was hanged by both these two accused including the applicant, on making noise by her some villagers came at the spot and rescued her, appears to be false and improbable as it is impossible that if someone is hanged by her neck, he/ she may raise alarm. The co-accused, Rekha, has already been enlarged on bail and the case of applicant is not on the worse footing than that of the co-accused, therefore, he may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 05.09.2024, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Ankit Singh, be enlarged on bail in Case Crime No. 233 of 2024, under Sections 452, 323, 307 I.P.C., Police Station- Katra, District- Shahjahanpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 25.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad