Neutral Citation No. - 2025:AHC:106982 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23379 of 2025 Applicant :- Praveen Tiwari @ Niblu Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Satyendra Narayan Singh, learned counsel for the applicant and Sri Bade Lal Bind, 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- Praveen Tiwari @ Niblu, seeking enlargement on bail during trial in connection with Case Crime No. 93 of 2025, under Sections 75(2), 64(1), 351(2) B.N.S., Police Station Kotwali, District Etawah. 4. The first information report of the present matter was lodged on 08.06.2025 by the victim against the applicant alleging therein that her husband has a shop of selling ice and water. The applicant used to bring cold water for her and had an evil eye on her. On 07.06.2025 at about 11 am he brought water for her and after drinking it he outraged her modesty and was discussing to take her to Delhi. She told about it to her husband. She was having pain in her body. 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 victim reiterated the prosecution story as per first information report in her statement recorded under Section 180 B.N.S.S. but in her statement recorded under Section 183 B.N.S.S. she has improved the said version and has elaborated it but does not anywhere state of any sexual assault on her. It is submitted that the victim has drawn conclusion of sexual assault on her by looking at her clothes wherein some white stain was present. It is submitted that the same does not in any manner show that she was sexually assaulted. The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 13.06.2025. 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 although the victim reiterated the prosecution story as per first information report in her statement recorded under Section 180 B.N.S.S. but in her statement recorded under Section 183 B.N.S.S. she has improved the said version and has elaborated it but does not anywhere state of any sexual assault on her. 8. 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. 9. Let the applicant- Praveen Tiwari @ Niblu, 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 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. (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. 12. Pending application (s), if any, shall stand disposed of. Order Date :- 8.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad