High Court · 2025

2. Heard Sri Pavan Kumar Mishra, learned counsel for the applicant, Sri Shailendra Kumar Gupta, Advocate holding brief of Sri Rahul Kumar Tyagi, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Rahul Kumar Tyagi, learned counsel for the first informant is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Manish @ Rakesh, seeking enlargement on bail during trial in connection with Case Crime No.361 of 2024, u/s 70(1), 131, 115(2), 351(3), B.N.S., P.S. Tronica City, District Ghaziabad.

5. The FIR of the matter was lodged on 25.7.2024 by the victim against Nitish @ Nitin, Sagar, Manish (applicant) and Savan alleging therein that She lives in a rented house in Ghaziabad. On 12.6.2024, she asked for a vehicle from a travelling agency but the said agency referred her to a different agency from where a vehicle was sent to her. On 12.6.2024 at about 10 p.m., Nitish @ Nitin, the driver of the vehicle came to her house with his vehicle. She then along with her cousin brother started her travel at about 11 p.m. for her village. On the way taking advantage of ill-health of the victim, he called her to sit at the front seat and then started immoral acts upon her which was opposed by her. He then expressed his desire to have physical relationship with her and threatened that he has a pistol and would use it. She got terrified and kept on sitting but he did not stop his activities. On 13.6.2024 at about 9.30 a.m. she reached her village and then went to her room and slept. The driver was sleeping in his room who then on

14.6.2024 at about 11 p.m. came to her room and assaulted her and committed sexual assault on her many times. He made a video clip of it. He even indulged in unnatural sex with her. She then on 19.6.2024 started her travel again on the said vehicle with him after which said driver again committed sexual assault on her. He then called the applicant and two other persons and all the accused persons gang raped her and threatened 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 argued that the applicant has been implicated in the present matater only because of the reason that he is a friend of the driver/co-accused Nitish @ Nitin. It is further argued that the story as narrated by the victim is totally concocted and a false story inasmuch as even after being raped, she again started her travel with the applicant in the same vehicle but did not make any complaint to any person or her family members who were present there, same goes to show that she was a consenting party. It is argued that the victim is a major woman. The FIR has been lodged after an unexplained delay of 11 days inasmuch as the present incident is alleged to have taken place from 12.6.2024 to 14.7.2024 but the FIR has been lodged on 25.7.2024. It is further argued that the explanation given by the victim that she had given an application to the police station but her report was not lodged is a totally false explanation. Co-accused Sagar and Sawan have been granted bail by coordinate Bench of this Court vide orders dated 14.5.2025 passed in Criminal Misc. Bail Application Nos.35959 of 2024 and 33871 of 2024, copies of the said orders produced by learned counsel for the applicant are taken on record. The case of the applicant is distinguishable with that of co-accused Nitish @ Nitin. It has also been pointed out that the applicant is not having any criminal history as stated in para 39 of the affidavit. The applicant is in jail since 8.8.2024.

7. Per contra learned counsel for the first informant and 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. The FIR has been delayed by 11 days without any plausible explanation. The silence of the victim for many days even after being sexual assaulted in her house and then she again continued to travel with the same accused on the same vehicle without any complaint whatsoever is without any credible explanation. Co-accused have been granted bail. Case of the applicant is distinguishable with co-accused Nitish @ Nitin.

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-Manish alias Rakesh, 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 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 Pavan Kumar Mishra, learned counsel for the applicant, Sri Shailendra Kumar Gupta, Advocate holding brief of Sri Rahul Kumar Tyagi, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Rahul Kumar Tyagi, learned counsel for the first informant is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Manish @ Rakesh, seeking enlargement on bail during trial in connection with Case Crime No.361 of 2024, u/s 70(1), 131, 115(2), 351(3), B.N.S., P.S. Tronica City, District Ghaziabad.

5. The FIR of the matter was lodged on 25.7.2024 by the victim against Nitish @ Nitin, Sagar, Manish (applicant) and Savan alleging therein that She lives in a rented house in Ghaziabad. On 12.6.2024, she asked for a vehicle from a travelling agency but the said agency referred her to a different agency from where a vehicle was sent to her. On 12.6.2024 at about 10 p.m., Nitish @ Nitin, the driver of the vehicle came to her house with his vehicle. She then along with her cousin brother started her travel at about 11 p.m. for her village. On the way taking advantage of ill-health of the victim, he called her to sit at the front seat and then started immoral acts upon her which was opposed by her. He then expressed his desire to have physical relationship with her and threatened that he has a pistol and would use it. She got terrified and kept on sitting but he did not stop his activities. On 13.6.2024 at about 9.30 a.m. she reached her village and then went to her room and slept. The driver was sleeping in his room who then on

14.6.2024 at about 11 p.m. came to her room and assaulted her and committed sexual assault on her many times. He made a video clip of it. He even indulged in unnatural sex with her. She then on 19.6.2024 started her travel again on the said vehicle with him after which said driver again committed sexual assault on her. He then called the applicant and two other persons and all the accused persons gang raped her and threatened 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 argued that the applicant has been implicated in the present matater only because of the reason that he is a friend of the driver/co-accused Nitish @ Nitin. It is further argued that the story as narrated by the victim is totally concocted and a false story inasmuch as even after being raped, she again started her travel with the applicant in the same vehicle but did not make any complaint to any person or her family members who were present there, same goes to show that she was a consenting party. It is argued that the victim is a major woman. The FIR has been lodged after an unexplained delay of 11 days inasmuch as the present incident is alleged to have taken place from 12.6.2024 to 14.7.2024 but the FIR has been lodged on 25.7.2024. It is further argued that the explanation given by the victim that she had given an application to the police station but her report was not lodged is a totally false explanation. Co-accused Sagar and Sawan have been granted bail by coordinate Bench of this Court vide orders dated 14.5.2025 passed in Criminal Misc. Bail Application Nos.35959 of 2024 and 33871 of 2024, copies of the said orders produced by learned counsel for the applicant are taken on record. The case of the applicant is distinguishable with that of co-accused Nitish @ Nitin. It has also been pointed out that the applicant is not having any criminal history as stated in para 39 of the affidavit. The applicant is in jail since 8.8.2024.

7. Per contra learned counsel for the first informant and 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. The FIR has been delayed by 11 days without any plausible explanation. The silence of the victim for many days even after being sexual assaulted in her house and then she again continued to travel with the same accused on the same vehicle without any complaint whatsoever is without any credible explanation. Co-accused have been granted bail. Case of the applicant is distinguishable with co-accused Nitish @ Nitin.

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-Manish alias Rakesh, 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 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