High Court

2. Heard Ms. Jigyasha Tripathi, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 23.07.2025.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ramu, seeking enlargement on bail during trial in connection with Case Crime No. 129 of 2025, under Sections 64(2)F B.N.S., Police Station Etmadpur, District Agra.

5. The first information report of the present matter was lodged on 29.03.2025 by the victim against the applicant alleging therein that she had gone to the house of her sister and was returning to her matrimonial house on 23.09.2024. On the way she called the applicant to know of his well-being on which he stated that he is also in the same city and she may wait on the bus stand. After some time he reached there and told her to take her to Agra to roam around. She went with him to Agra and they roam around in the taxi. He then stated that it is night and they would not get any conveyance to go to his village and then he took a room in a hotel and arranged for eateries. He then committed rape upon her. He threatened her. On 11.10.2024 at about 11 pm the applicant again came to know her husband had gone out for some work and committed rape upon her.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the incident of rape for the first time is alleged to have committed on 23.09.2024 and then again on 11.10.2024 but the first information report has been lodged on 29.03.2025 which is after an inordinate delay of any plausible explanation. It is submitted that the victim is a major and a married woman and relative of the applicant. It is submitted that the victim refused her medical examination when produced before the doctor and thus the factum of rape could not be corroborated through medical evidence. It is submitted that the victim went with the applicant out of her own sweet-will and roam around various places without any complaint or objection whatsoever. Subsequently in a delayed manner the present first information report has been lodged. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 07.06.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the first incident of rape is alleged to have taken place on 23.09.2024 and then again on 11.10.2024 of which the first information report was lodged on 29.03.2025 which is quite delayed without any explanation whatsoever. The victim is a major and a married woman. She went with the applicant to Agra and they were roaming around in the city and checked in the hotel. No resistance or objection was done by the victim.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Ramu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. Order Date :- 13.8.2025 AS Rathore (Samit Gopal,J.)

2. Heard Ms. Jigyasha Tripathi, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 23.07.2025.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ramu, seeking enlargement on bail during trial in connection with Case Crime No. 129 of 2025, under Sections 64(2)F B.N.S., Police Station Etmadpur, District Agra.

5. The first information report of the present matter was lodged on 29.03.2025 by the victim against the applicant alleging therein that she had gone to the house of her sister and was returning to her matrimonial house on 23.09.2024. On the way she called the applicant to know of his well-being on which he stated that he is also in the same city and she may wait on the bus stand. After some time he reached there and told her to take her to Agra to roam around. She went with him to Agra and they roam around in the taxi. He then stated that it is night and they would not get any conveyance to go to his village and then he took a room in a hotel and arranged for eateries. He then committed rape upon her. He threatened her. On 11.10.2024 at about 11 pm the applicant again came to know her husband had gone out for some work and committed rape upon her.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the incident of rape for the first time is alleged to have committed on 23.09.2024 and then again on 11.10.2024 but the first information report has been lodged on 29.03.2025 which is after an inordinate delay of any plausible explanation. It is submitted that the victim is a major and a married woman and relative of the applicant. It is submitted that the victim refused her medical examination when produced before the doctor and thus the factum of rape could not be corroborated through medical evidence. It is submitted that the victim went with the applicant out of her own sweet-will and roam around various places without any complaint or objection whatsoever. Subsequently in a delayed manner the present first information report has been lodged. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 07.06.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the first incident of rape is alleged to have taken place on 23.09.2024 and then again on 11.10.2024 of which the first information report was lodged on 29.03.2025 which is quite delayed without any explanation whatsoever. The victim is a major and a married woman. She went with the applicant to Agra and they were roaming around in the city and checked in the hotel. No resistance or objection was done by the victim.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Ramu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. Order Date :- 13.8.2025 AS Rathore (Samit Gopal,J.)