Neutral Citation No. - 2025:AHC:146035 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28975 of 2025 Applicant :- Sakib Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sunil Kumar Tiwari, 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 Sakib, seeking enlargement on bail during trial in connection with Case Crime No. 236 of 2025, under Sections 62, 64(1), 74, 115(2) BNS, registered at Police Station Bhopa, District Muzaffar Nagar. 4. The FIR of the matter was lodged on 20.07.2025 by the victim against the applicant alleging therein that on 20.07.2025 at about 10:30 am she was returning from the jungle after giving fodder to her animals wherein on the way, the applicant finding her alone parked his scooty and caught hold of her from behind and gagged her mouth and pulled her in a sugarcane field and tried to commit rape upon her. On seeing a boy going and her raising a shout, he left and ran away. 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 is a married woman aged about 40 years. It is submitted that the allegation against the applicant is of an attempt to commit rape upon the victim. It is submitted that the victim has reiterated the prosecution version in her statements recorded during investigation. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 20.07.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. It is submitted that charge sheet in the matter has been submitted against the applicant. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a married major woman aged about 40 years. The case is a case of attempt to commit rape upon the victim. Charge sheet in the matter has been submitted. 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 Sakib, 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 :- 23.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad