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2025 DAILYLAW 56212 (ALL)

RAHUL v. STATE OF U.P. AND 3 OTHERS

BAIL/49463/2023 · 2025-07-02

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103785 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49463 of 2023 Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhaskar Bhadra,Dev Prakash Sharma,Priyanka Devi,Rajveer Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bhaskar Bhadra, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 122 of 2023, under Sections 323, 376-D, 506 IPC and Section 6 of the POCSO Act, Police Station-Kabrai, District-Mahoba, during the pendency of trial. 4. Instant case is a case of gang rape. The trial Court was called to furnish the status of trial. As per report dated 10.01.2025 of the trial court, the prosecution evidence has been completed as eight witnesses have been examined and subsequent to it 18.01.2025 was the date fixed for recording of statement of accused under Section 313 Cr.P.C. 5. The Supreme Court in case of X Vs. State of Rajasthan & Anr. reported in 2024 INSC 909, has held that once the trial has commenced, it should be allowed to reach to its final conclusion, which may either result in conviction or acquittal of the accused. The bail should not be normally granted to the accused after the charge has been framed that too before the statement of the victim is recorded. It should also not be granted by looking into the discrepancies here or there in the deposition. 6. After hearing learned counsel for the parties and in light of the judgment passed by Supreme Court in case of X Vs. State of Rajasthan & Anr. (supra), I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 8. 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 :- 3.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad