Neutral Citation No. - 2025:AHC:108562 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23572 of 2025 Applicant :- Naveen Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ankit Kumar Singh, learned counsel for the applicant, 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. has been filed by the applicant Naveen, seeking enlargement on bail during trial in connection with Case Crime No. 71 of 2025, under Sections 64(1) BNS, 2023, registered at Police Station Madrak, District Aligarh. 4. The FIR of the matter was lodged on 14.04.2025 under Sections 74, 333 BNS, 2023 by the victim against the applicant alleging therein that in the night on 13/14.04.2025 she was sleeping alone in her house wherein the applicant came inside from the roof and enraged her modesty. She raised a shout, the neighbours came there and on seeing them he ran away. She has come to lodge a report. She lives alone and her husband works outside. She has come with her parents for lodging the FIR. 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 victim has reiterated the same version in her statement under Section 180 BNSS. It is further submitted that a specific question was asked by the Investigating Officer to the victim as to whether the applicant has committed any wrongful act with her or not, she refused and stated that he only enraged her modesty. It is submitted that subsequently in her statement under Section 183 BNSS she for the first time states that the applicant forcibly committed wrongful act on her. It is submitted that then the present case has been converted into a case under Section 64(1) BNS, 2023. It is submitted that the said story as narrated by the victim in her statement under Section 183 BNSS is a concocted story and an afterthought just in order to falsely implicate and harass the applicant. While placing para 12 of the affidavit it is submitted that the applicant was previously involved in a case in which arrest was stayed by this Court and later on he married the victim of the said case. The applicant is in jail since 25.04.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the case as per the FIR and the statement of the victim under Section 180 BNSS is of the applicant enraged her modesty. Subsequently, in her statement under Section 183 BNSS she states of the applicant committing forceful wrongful act 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 Naveen, 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 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 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 him in accordance with law and the trial court may proceed against 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. 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 :- 9.7.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad