Neutral Citation No. - 2025:AHC:103427 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17130 of 2025 Applicant :- Manoj Kanaujia @ Manoj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhijeet Kumar Pandey,Indar Kumar Chaubey Counsel for Opposite Party :- Ankita Deol,G.A.,Rajiv Lochan Dwivedi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Shweta Gupta, Advocate holding brief of Sri Abhijeet Kumar Pandey, learned counsel for the applicant, Ms. Ankita Deol, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on records. 3. Learned counsel for the applicant submits that she does not intend to file any supplementary affidavit in the matter for which time was prayed for on 28.05.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Manoj Kanaujia @ Manoj Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 342 of 2025, under Sections 64(1), 351(2) B.N.S. and Section 3/4 POCSO Act, Police Station Kotwali Deoria, District Deoria. 5. The first information report of the present matter was lodged on 26.03.2025 by Dinesh Prasad Kannaujia against the applicant alleging therein that his daughter aged about 17 years was ill and is being given treatment from Gorakhpur. On 06.03.2025 Manoj Kannaujia (the applicant) who is his nephew was going to Gorakhpur with whom his daughter was sent for getting medicines. Manoj gave toffee to his daughter after which she lost her consciousness and then took her to a hotel near Deoria Railway Station and committed rape upon her. He threatened her of not telling it to anyone. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the first information report has been lodged after a delay of about 20 days without any plausible explanation. While placing paragraph 11 & 17 of the affidavit it is submitted that the applicant is reputed person of the society and his wife is District Panchayat Sadasya of the said village and the as such the due to political pressure the applicant has been falsely implicated by the informant. Further while placing paragraph 14 of the affidavit it is submitted that the applicant has a criminal history of one case. The applicant is in jail since 19.04.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the cousin brother of the victim and the nephew of the first informant. It is further submitted that he applicant was a known person to the first informant and the victim and there was no occasion of misidentify for false implication. It is submitted that the victim has named the applicant in her statements recorded during investigation and has levelled allegations of rape on him. It is submitted that Sumit @ Dinesh Mathur the Hotel Manager of Deoria during investigation stated that the applicant was friend of the owner of the hotel and a room was constantly reserved for him wherein he used to bring girls and the owner of the hotel had told them not to take his identity proof. 8. After having heard learned counsel for the parties and perusing the record, it is evident that is the cousin brother of the victim. He on the pretext of taking her for getting medicines on the mid way stopped and committed rape upon her in a hotel. There is no reason for false implication. The defence of the applicant is of false implication. The defence as given in paragraph 17 is without any basis and substance and thus does not transpire confidence at all. The applicant has a previous criminal history. No ground for bail is made out. 9. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 10. Pending application (s), if any, shall stand disposed of. Order Date :- 3.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad