HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29376 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Pusp Raj Singh, 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 Kallu Gupta @ Ram Gopal, seeking enlargement on bail during trial in connection with Case Crime No. 61 of 2025, under Sections 333, 74, 352, 115(2), 351(3), 64(1), 332(b) BNS, registered at Police Station Jalalpur, District Hamirpur. 4. Learned counsel for the State submits that he has received instructions for which time was granted to him vide order dated 26.08.2025. 5. The FIR of the matter was lodged on 11.05.2025 by the victim against the applicant alleging therein that she is aged about 36 years. On 10.05.2025 in the night her family members had gone to attend a wedding and she was alone in the house wherein at about 10:00 pm Kallu Gupta the present applicant came and knocked the door from outside but she did not open the door as she was alone. Later on, at about 01:00 am he climbed tin shade from behind and entered inside the house and caught hold of her hand and enraged her modesty. She opposed it on which he started abusing her and assaulted her. In order to save herself, she opened the door and ran out the house after which Kallu chased her. On her shout the villagers reached there on which Kallu with Mukesh his cousin brother ran away while extending threats. She informed the police on dial 112. Report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim reiterated the FIR version in her statement under Section 180 BNSS. It is submitted that subsequently the victim during investigation in her Versus Counsel for Applicant(s) : Pusp Raj Singh Counsel for Opposite Party(s) : G.A. Kallu Gupta Alias Ram Gopal .....Applicant(s) State of U.P. .....Opposite Party(s) statement under Section 183 BNSS states that the applicant after entering the house inserted his finger in her private part and bit on her chest after which ran out the house and her saree got opened. He was not in an intoxicated condition. It is submitted that as such the same is an improvement in the prosecution version just to give the case a different colour. It is further submitted that the victim was medically examined and was not found to have received any injury externally whereas she refused internal examination. It is submitted that the victim is a major woman aged about 36 years. It is further submitted that the prosecution story is not consistent. It is submitted that charge sheet in the matter has been submitted against the applicant on 05.06.2025, para 15 of the affidavit has been placed before the Court. It is further submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 21.05.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major woman. Initially the case of the prosecution was enraging the modesty of the victim and thus the FIR was lodged under Sections 333, 74, 352, 115(2), 351(3) BNS. The same was reiterated by the victim in her statement under Section 180 BNSS. Subsequently during investigation in her statement under Section 183 BNSS states of the applicant inserting his finger in her private part and biting her chest. The Investigating Officer then added the Sections 64(1), 332(b) BNS in the matter. The investigation in the matter has concluded and charge sheet has been submitted against the applicant. 9. 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. 10. Let the applicant Kallu Gupta @ Ram Gopal, 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 BAIL No. 29376 of 2025 2 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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. September 15, 2025 M. ARIF BAIL No. 29376 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad