Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115681 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24542 of 2025 Applicant :- Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Mool Chandra Maurya, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Sher Singh, seeking enlargement on bail during trial in connection with Case Crime No. 360 of 2025, under Sections 74, 64(1) BNS, registered at P.S. Sahavar, District Kasganj. 4. The FIR of the matter was lodged on 18.06.2025 by the victim against the applicant alleging therein that her husband sells bananas on a cart. Yesterday in the night at about 03:00 am her father-in-law called her on her mobile and asked to open the door on which she refused. Today on 17.06.2025 at about 11:00 am he came to the house to have his lunch wherein he caught hold of her hand and enraged her modesty and with an ill intention inappropriately touches her. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant is the father-in-law of the first informant/victim and has been falsely implicated in the present case. It is submitted while placing para 15 of the affidavit that the informant and her husband Mohit since last several months are demanding to live separately and are wanting partition in the property but since the youngest son of the applicant and daughter are unmarried, the same has not been done and thus being annoyed some hot talk took place between the applicant and his eldest son Mohit (husband of the informant) the applicant has been implicated falsely. It is submitted that the victim has in her statement under Section 183 BNSS stated of the applicant committing rape upon her in an intoxicated condition. It
is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 28.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the father-in-law of the victim/first informant.
It is submitted that the allegations upon the applicant are enraging the modesty of his daughter-in-law and committing rape upon her. It is submitted that the defence of the applicant is without any substantial evidence. It is submitted that as such there is no reason for false implication of the applicant and the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the victim/first informant. He is alleged to have committed rape upon the victim/first informant. The allegations are very serious in nature. No ground for bail is made out at this stage. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected at this stage. 10. Pending application(s), if any, stand disposed of. (Samit Gopal, J.) Order Date :- 17.7.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad