High Court · 2025

2. Heard Sri Rajesh Yadav, holding brief of Sri Ashok Kumar Yadav, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. Sri Sunil Kumar Singh, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

3. Previously on 21.7.2025, the brief-holder of learned counsel for the first informant had prayed for an adjournment of two weeks in the matter on the ground that Sri Sunil Kumar Singh has gone out of the city and matter was adjourned but there was mention in the said order that matter will not be adjourned on the next date as a matter of right. Today in the revised list, there is no representation on behalf of the first informant. Thus the Court proceeds to hear the matter.

4. This bail application under Section 483 BNSS has been filed by the applicant-Shoaib Khan @ Mohd Shoaib, seeking enlargement on bail during trial in connection with Case Crime No.149 of 2025, u/s 328, 376, 504, 506 IPC, P.S. Sadar, District Agra.

5. The FIR of the matter was lodged on 13.3.2025 by the victim against the applicant and Ashish Singh on the basis of an application under Section 175(3) B.N.S.S. alleging therein that the applicant somehow got the mobile number of the victim on which they used to talk. Then on 26.6.2023 she was going to give some competitive exam wherein the applicant and the victim took a train and reached Agra where the applicant took her to a hotel telling that it is of his friend and he is going to bring some articles of food after which he brought the same along with cold-drink and gave the cold-drink to her which she consumed after which she became unconscious, then applicant committed rape upon her. He continued to commit rape upon her. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a major woman as she has disclosed her age to be 29 years in the application dated 9.7.2024 moved under Section 175(3) BNSS. It is further argued that the victim went out of her own sweet-will and the present FIR has been lodged just in order to falsely implicated and harass the applicant. Learned counsel for the applicant makes statement at Bar that the investigation in the matter has concluded. It has also been pointed out that the applicant is not having any criminal history as stated in para 11 of the affidavit. The applicant is in jail since 11.4.2025.

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

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 29 years. She went with the applicant out of her own sweet-will to give some competitive exam and went to a hotel where they stayed.

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-Shoaib Khan @ Mohd. Shoaib, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. (Samit Gopal, J.) Order Date :- 11.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Rajesh Yadav, holding brief of Sri Ashok Kumar Yadav, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. Sri Sunil Kumar Singh, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

3. Previously on 21.7.2025, the brief-holder of learned counsel for the first informant had prayed for an adjournment of two weeks in the matter on the ground that Sri Sunil Kumar Singh has gone out of the city and matter was adjourned but there was mention in the said order that matter will not be adjourned on the next date as a matter of right. Today in the revised list, there is no representation on behalf of the first informant. Thus the Court proceeds to hear the matter.

4. This bail application under Section 483 BNSS has been filed by the applicant-Shoaib Khan @ Mohd Shoaib, seeking enlargement on bail during trial in connection with Case Crime No.149 of 2025, u/s 328, 376, 504, 506 IPC, P.S. Sadar, District Agra.

5. The FIR of the matter was lodged on 13.3.2025 by the victim against the applicant and Ashish Singh on the basis of an application under Section 175(3) B.N.S.S. alleging therein that the applicant somehow got the mobile number of the victim on which they used to talk. Then on 26.6.2023 she was going to give some competitive exam wherein the applicant and the victim took a train and reached Agra where the applicant took her to a hotel telling that it is of his friend and he is going to bring some articles of food after which he brought the same along with cold-drink and gave the cold-drink to her which she consumed after which she became unconscious, then applicant committed rape upon her. He continued to commit rape upon her. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a major woman as she has disclosed her age to be 29 years in the application dated 9.7.2024 moved under Section 175(3) BNSS. It is further argued that the victim went out of her own sweet-will and the present FIR has been lodged just in order to falsely implicated and harass the applicant. Learned counsel for the applicant makes statement at Bar that the investigation in the matter has concluded. It has also been pointed out that the applicant is not having any criminal history as stated in para 11 of the affidavit. The applicant is in jail since 11.4.2025.

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

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 29 years. She went with the applicant out of her own sweet-will to give some competitive exam and went to a hotel where they stayed.

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-Shoaib Khan @ Mohd. Shoaib, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. (Samit Gopal, J.) Order Date :- 11.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad