Neutral Citation No. - 2025:AHC:114078 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37225 of 2024 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Manish Mishra,Satya Narayan Yadav,Shiv Kumar Mishra,Surendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant Manoj with the prayer to release him on bail in Case Crime No.473 of 2024 under Sections 64, 127 (1), 351 (2), 61(2) B.N.S., Police Station - Shikohabad, District- Firozabad. 3. The prosecution case as culled out from the FIR is that when the lady victim of this case had a quarrel with her husband she came to Shikohabad from District Firozabad and there one unknown person took her to the house of Seema on 5.8.2024 at about 12 noon and rape was committed to her by four unknown persons at different times. FIR was lodged and the victim was medically examined. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. It is further submitted that the prosecution story is highly suspicious and not plausible. It is not natural at all that the applicant Manoj, who was absolutely unknown for the victim, took her to the house of Seema, the co- accused, and the victim without having any acquaintance with the applicant agreed to go with him to the house of Seema. It is further submitted that there are material contradictions in the statements of the victim herself made under Section 180 and 183 of BNSS. It is also submitted that the medical evidence also does not corroborate the prosecution version and the doctor who medically examined the victim, has opined that no sexual assault has been committed with the victim. It is also submitted that there is nothing on record to show as to how the accused applicant was known to the victim of this case. It is further submitted that the co-accused Eliyas, Bhuvnesh and Sher Nabi have been granted bail by this Court vide order dated 31.1.2025 passed in Criminal Appeal No.9428 of 2024. The case of the applicant is not distinguishable from the case of co-accused who have been granted bail. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly submitted that the applicant is languishing in jail since 06.08.2024 having no criminal history to his credit and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 5. Per contra, learned A.G.A. opposed the prayer for bail of the applicant but could not dispute the aforesaid facts. 6. Having heard the learned counsel for the parties and keeping in view of the facts and circumstances of the case and there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence, I am inclined to release the applicant on bail. Hence, the bail application is hereby allowed. 7. Let the applicant-Manoj, 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:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 15.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad