High Court · 2025

2. Heard Sri Jai Raj, 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-Manoj @ Manohar Goyakwad, seeking enlargement on bail during trial in connection with Case Crime No.315 of 2024, under Sections 64(1), 115(2) of B.N.S., registered at P.S. Kirawali, District Agra.

4. Learned counsel for the State submits that he has received instructions in the matter for which time was prayed and granted to him vide order dated 26.5.2025.

5. The FIR of the matter was lodged on 5.11.2024 by the victim against the applicant and Kanha alleging therein that she is aged about 20 years. Around 4-5 days earlier, she took a train to go to the house of her sister who lives in Ganganagar (Rajasthan). She alighted the train at Delhi. She met the applicant at Delhi who entangled her in talks and told her that he will marry her. She stayed for two days on the railway station. The applicant then took her to Agra where they went to the house of Kanha who is the friend of the applicant where they stayed for two days. In the night, the applicant committed rape upon her. On the next day, the co-accused Kanha also committed rape upon her. Then both the accused persons brought her to the house of Manju on 3.11.2024 to whom she told about the incident who then somehow managed to send her to her house.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major girl aged about 20 years. It is further argued that the present case is a case of consent. The story as narrated by the victim goes to show that she stayed with the applicant at Delhi railway station for two days out of her own sweet-will and even went with the applicant to Agra with consent but did not make any objection or resistance. It is further argued that medical examination report of the victim does not show any injury either on her body or on her private part, as such there is no corroboration of the allegation of rape through medical evidence. Co-accused Kanhaiya alias Kanha Solanki has been granted bail by coordinate Bench of this Court vide order dated 18.2.2025 passed in Criminal Misc. Bail Application No.3653 of 2025, copy of the same is annexed as Annexure No.5 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 16 of the affidavit. The applicant is in jail since 5.11.2024.

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 girl. She stayed with the applicant for two days at railway station and then travelled by train with him to Agra and stayed in the house of co-accused. In the meantime she did not oppose or resisted the same.

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-Manoj @ Manohar Goyakwad, 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 she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 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. (Samit Gopal, J.) Order Date :- 15.7.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Jai Raj, 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-Manoj @ Manohar Goyakwad, seeking enlargement on bail during trial in connection with Case Crime No.315 of 2024, under Sections 64(1), 115(2) of B.N.S., registered at P.S. Kirawali, District Agra.

4. Learned counsel for the State submits that he has received instructions in the matter for which time was prayed and granted to him vide order dated 26.5.2025.

5. The FIR of the matter was lodged on 5.11.2024 by the victim against the applicant and Kanha alleging therein that she is aged about 20 years. Around 4-5 days earlier, she took a train to go to the house of her sister who lives in Ganganagar (Rajasthan). She alighted the train at Delhi. She met the applicant at Delhi who entangled her in talks and told her that he will marry her. She stayed for two days on the railway station. The applicant then took her to Agra where they went to the house of Kanha who is the friend of the applicant where they stayed for two days. In the night, the applicant committed rape upon her. On the next day, the co-accused Kanha also committed rape upon her. Then both the accused persons brought her to the house of Manju on 3.11.2024 to whom she told about the incident who then somehow managed to send her to her house.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major girl aged about 20 years. It is further argued that the present case is a case of consent. The story as narrated by the victim goes to show that she stayed with the applicant at Delhi railway station for two days out of her own sweet-will and even went with the applicant to Agra with consent but did not make any objection or resistance. It is further argued that medical examination report of the victim does not show any injury either on her body or on her private part, as such there is no corroboration of the allegation of rape through medical evidence. Co-accused Kanhaiya alias Kanha Solanki has been granted bail by coordinate Bench of this Court vide order dated 18.2.2025 passed in Criminal Misc. Bail Application No.3653 of 2025, copy of the same is annexed as Annexure No.5 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 16 of the affidavit. The applicant is in jail since 5.11.2024.

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 girl. She stayed with the applicant for two days at railway station and then travelled by train with him to Agra and stayed in the house of co-accused. In the meantime she did not oppose or resisted the same.

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-Manoj @ Manohar Goyakwad, 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 she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 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. (Samit Gopal, J.) Order Date :- 15.7.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad