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2025 DAILYLAW 71364 (ALL)

SETI @ RAJA v. STATE OF U.P.

BAIL/23405/2025 · 2025-07-07

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106988 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23405 of 2025 Applicant :- Seti @ Raja Opposite Party :- State of U.P. Counsel for Applicant :- Indra Raj Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Indra Raj, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Seti @ Raja, seeking enlargement on bail during trial in connection with Case Crime No.75 of 2025, under Sections 64(1), 351(2), 352 BNS, registered at Police Station Tundla, District Firozabad. 4. The FIR of the matter was lodged on 25.02.2025 by the victim against the applicant and Ravindra alleging therein that she had gone to the house of her nanad Omwati where Seti (applicant) who is the son of her nanad forcibly caught-hold of her and committed rape upon her. He threatened of her due to which she did not tell it to anyone. He then on 13.1.2025 took her in a room in Tundla and committed rape upon her. He made a video also. He threatened her and her family members. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a married major woman aged about 27 years. While placing para nos.12, 13 and 14 of the affidavit in support of bail application, it is submitted that the applicant has not committed any offence but has been falsely implicated in the present case. It is argued that investigation in the matter has concluded and a charge sheet has been submitted on 30.03.2025. It has also been pointed out that the applicant is not having any criminal history as stated in para 18 of the affidavit and is in jail since 26.2.2025. 6. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the case of the applicant is of denial and false implication which is totally false inasmuch as he is named in the FIR, in the statements of the victim recorded during investigation and there is no reason for his false implication. The bail application of the applicant be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the nephew of the victim. He is named in the FIR and in the statements of the victim recorded during investigation. The case is of false implication and denial is also argued and pleaded in para nos.12, 13 and 14 of the affidavit in support of bail application but there is no reason enumerated regarding the reason for false implication. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 8.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad