Raju Sahani v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33084 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶2Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against the applicant with the allegation that when the victim was sleeping in her home the applicant committed her rape by pressing her mouth. Learned counsel further submits that for the alleged incident the F.I.R. was lodged after three days with no plausible explanation of delay. In her statements recorded under Section 180 & 183 B.N.S.S. the victim has reiterated the same version of F.I.R. Learned counsel further submits that in the medical examination of victim the concerned doctor does not find any internal or external injury of the person of the victim and final opinion regarding sexual violence has been reserved pending till availability of F.S.L. report, however, it was also opined that sexual violence cannot be ruled out. Learned counsel further submits that no such incident took place, the applicant and the victim are the members of one family. The victim is aged about 50 years whereas the applicant is 45 years of age. The delay in lodging the F.I.R. as well as medical examination of the victim does not support the prosecution case, which raises doubts about the veracity of prosecution case and it appears that applicant has been falsely implicated in the case on one pretext or the other. 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 27.06.2025, with no criminal history. Versus Counsel for Applicant(s) : Nagendra Kumar Singh Counsel for Opposite Party(s) : G.A. Raju Sahani .....Applicant(s) State of U.P. .....Opposite Party(s)

¶3Per 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.

¶4Considering 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.

¶5Let the applicant-Raju Sahani, be enlarged on bail in Case Crime No. 286 of 2025, under Sections 333, 64 of B.N.S., Police Station-Kaptanganj, District-Kushinagar, 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.

¶6In 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. October 8, 2025 Mustaqeem. BAIL No. 33084 of 2025 (Dr. Gautam Chowdhary,J.) High Court of Judicature at Allahabad