Allahabad High Court
Ajeet Alias Vishnu vs State Of U.P. on 24 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:25884 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41068 of 2024 Applicant :- Ajeet Alias Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Jai Kishan,Vipin Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Diwan Saifulla Khan, learned counsel for the applicant, Sri Manish Kesarwani, learned A.G.A. for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 336 of 2024, under Sections 85, 109, 351 (2) BNSS and Section 3/4 of Dowry Prohibition Act, registered at Police Station Trans Yamuna, District Agra.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.2024 at 19.26 Hrs. against six persons including the applicant, his father, mother, younger brother and two sisters stating that the informant had got his daughter married to the applicant about 5-6 years ago. All the accused persons used to ill treat her. The applicant used to forcibly have unnatural sex with the informant's daughter. They have a son aged 3 years and a daughter aged one and half years. The applicant had demanded Rs.60,00,000/- from the informant in the year 2023 which she had given to him without telling it to her husband. Thereafter, the family members of the applicant demanded a motorcycle and one lac rupees and upon the informant's daughter having declined this demand, on 14.08.2024 all the accused persons beaten the informant's daughter, the applicant's brother-co-accused Shiv Kumar raped her and all the accused persons hanged her with the intention to kill her. Some neighbor sent information about the incident to the informant's son who took her to a hospital.
4. The prescription of Samay Hospital prepared on 14.08.2024 mentions it to be an alleged case of partial hanging. The patient was brought in a semiconscious condition, was irritable, had severe respiratory distress and a V mark (hanging mark) was present over anterior side of neck. There was no other injury mark over her body. The MRI examination revealed no abnormality. On 22.08.2024 the victim was taken for medico legal examination for ascertaining sexual violence but she declined to undergo internal examination and the doctor has given a statement to this effect. The victim has supported the F.I.R. allegation in her statement recorded under Section 180 BNSS.
5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 14.08.2024 and the F.I.R. has been lodged on 20.08.2024 and there is no explanation for this delay; that the medical examination conducted on 14.08.2024 mentions no mark of any injury on the entire body except for a 'V' mark on anterior aspect of the neck; that the victim was semiconscious, the medical report mentions a case of partial hanging and not of beating and forcible hanging; although the victim alleged commission of rape, she declined to undergo medical examination and the Investigating Officer had also not found this allegation to be prima facie established as a charge sheet has been submitted on 03.10.2024 against all the accused persons under Sections 85, 109, 351 (2) BNSS and Section 3/4 of Dowry Prohibition Act and offences under Sections 85, 109, 351 (1) BNSS have been submitted against the applicant and also keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 21.08.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Ajeet Alias Vishnu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.
(Subhash Vidyarthi, J.) Order Date :- 24.2.2025 Ram.