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2025 DAILYLAW 63265 (ALL)

NARENDRA SINGH v. STATE OF U.P.

BAIL/18523/2025 · 2025-05-27

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91304 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18523 of 2025 Applicant :- Naredra Singh Opposite Party :- State of U.P. Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Manish Kumar Singh, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No.09 of 2025, under Sections 74, 64(1) B.N.S., Police Station Majhgawan, District Hamirpur with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have outraged the modesty of the victim on 13.01.2025 at about 4:30 p.m. 6. Learned counsel for the applicant has stated that the FIR is delayed by about nine days and there is no explanation of the said delay caused. It is a clear-cut case of false implication. The allegations made in the FIR were reiterated by the victim in her statement recorded under Section 180 B.N.S.S., but subsequently in her statement recorded under Section 183 B.N.S.S., she has escalated the allegations to that of rape, i.e. having committed aggravated sexual assault by the applicant by fingering her, that too after legal consultation. 7. Learned counsel for the applicant has further stated that the victim is major aged about 47 years and there is no medial corroboration of the incident. There are four cases instituted against the applicant, including the instant case, as such, the criminal history assigned to the applicant are three in number. 8. Learned counsel for the applicant has also stated that in Case Crime No.279 of 2021, under Sections 392/411 I.P.C., Police Station Rath, District Hamirpur, the applicant has been enlarged on bail in the said case, but he could not fetch the bail order as he was granted bail by the Trial Court itself. In Case Crime No.671 of 2021, under Section 3(1) Gangster Act, Police Station Rath, District Hamirpur, the applicant has been granted bail and the said bail order has been annexed as SA-1 to the supplementary affidavit filed today. In Case Crime No.163 of 2024, under Sections 115(2)/351(3)/352 B.N.S., Police Station Majhgawan, District Hamirpur, the applicant has not been issued any notice whatsoever and the offences are bailable, as such, the criminal history assigned to the applicant stands explained. 9. Learned counsel for the applicant has further stated that the applicant is in jail since 29.01.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that two of the cases mentioned in the criminal history of the applicant have not been properly explained as no orders have been annexed. 11. After hearing learned counsel for the parties and taking into consideration the fact that the criminal history assigned to the applicant has not been properly explained by the counsel for the applicant, I do not find it a fit case for grant of bail to the applicant. 12. The bail application is found devoid of merits and is, accordingly, rejected. 13. 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 :- 28.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad