Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31843 of 2025 Kunal Monga State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Shailesh Kumar Mishra : G.A. Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Shailesh Kumar Mishra, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Kunal Monga, seeking enlargement on bail during trial in connection with Case Crime No. 0665 of 2025, under Sections 64, 351(3), 115(2), 352, 324(4) B.N.S., Police Station Izzat Nagar, District Bareilly. 4. The first information report of the present matter was lodged on 18.07.2025 by the victim against the applicant alleging therein that her husband is a truck driver and they were living in Haldwani. He came to know Kunal Monga who is a resident of Nainital due to which he often visisted their house. On 17.08.2024 her husband met an accident and received severe injures after which Kunal Monga started visiting their house more often and had an evil eye on her. The treatment of her husband was going on in Bareilly. Kunal Monga often used to spend time in their house and used to use her mobile. In December 2024 they shifted their residence to Shastri Nagar and started living in a rented house where one day the applicant came and committed rape upon her. When she told him of making a complaint to the police he showed her objectionable photographs and video and threatened her of making them viral due to which she got 2 BAIL No. 31843 of 2025 quiet. In June 2025 they left Shastri Nagar room and started living at another place. On 11.07.2025 at about 1 pm Kunal Monga entered in their house and tried to commit rape on which she objected then he assaulted her in front of her minor son and destroyed household articles. He while going threatened her of life. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the first act of rape on the victim is stated to be in December 2024 but the same was not complained of either by the informant or by her family members and it was only on 11.07.2025 which is after a period of seven months the present first information report has been lodged. It is submitted that the victim is a major and a married woman. It is submitted that even the alleged act of rape of June 2025 as stated in the first information report has not been reported by the first informant or by her family members. It is submitted that the first information report has thus been lodged after an unexplained delay. While placing paragraph 18 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. While placing paragraph 19 of the affidavit it is submitted that recovered any such objectionable video or photo and the applicant has not made any such photo or video viral. The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 22.07.2025. Investigating Officer has not the 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the first informant/ victim is a major and a married woman. The first incident of rape is stated to be in December 2024 and then in June 2025 and subsequently on 11.07.2025. The first two incidents of rape have not been reported by the first informant. The first information report has been lodged on 18.07.2025 which is after an unexplained delay. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate 3 BAIL No. 31843 of 2025 the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Kunal Monga, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will 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 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. 4 BAIL No. 31843 of 2025 (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed.
Decision
12. Pending application (s), if any, shall stand disposed of. September 17, 2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- Digitally signed by :- ABHISHEK SINGH RATHOR ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad High Court of Judicature at Allahabad