Neutral Citation No. - 2025:AHC:135056 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27599 of 2025 Applicant :- Hridesh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pankaj Satsangi, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I 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 Hridesh, seeking enlargement on bail during trial in connection with Case Crime No. 155 of 2025, under Sections 64(1), 333 BNS, registered at Police Station Bisauli, District Budaun. 4. The FIR of the matter was lodged on 20.05.2025 under Sections 74, 333, 304(2) BNS, 2023 by Sher Singh against the applicant alleging therein that his daughter was sleeping in the house on 18.05.2025 at about 02:00 am, the applicant entered inside and on the threat of country made pistol caught hold of her and enraged her modesty, pressed her neck and snatched her gold ear rings. On hearing, his son Jaiveer and wife Guddo reached there and saved his daughter. The applicant also tore the clothes of his daughter. She is terrified. 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 reading of the FIR goes to show that the informant has been told of the incident to his father and then the present FIR has been lodged. It is submitted that subsequently the victim in her statements recorded during investigation states that the applicant committed rape upon her. It is submitted that the same is an improvement just in order to give the case a different colour. It is submitted that the medical evidence does not show any sexual assault on the victim although the doctor has found two injuries on her person but looking to the nature of injuries, the same appear to be simple in nature. It is submitted that the Chief Medical Officer concerned opined the age of the victim as 17 years and thus by giving benefit of two years, she is a major. It is further submitted that investigation in the matter has concluded and a charge sheet has been submitted on under Sections 64(1), 333 BNS, 2023, para 11 of the affidavit has been placed before the Court. While placing para 20 of the affidavit it is submitted that nothing incriminating has been recovered either from the possession or on his pointing out. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 27.06.2025. 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 factum of rape allegedly stated by the victim during investigation is missing in the FIR. There is no recovery of any incriminating material from the possession of the applicant or on his pointing out. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant. 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 Hridesh, 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. (Samit Gopal, J.) Order Date :- 11.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad