State of U.P v. Party

2. Heard Sri Apul Misra, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Ajay, seeking enlargement on bail during trial in connection with Case Crime No.157 of 2025, under Sections 191(2), 115(2), 74, 351(3), 64(1),110 BNS, P.S. Sahawar, District Kasganj.

4. The FIR of the matter was lodged on 4.3.2025 by the victim against the applicant and four other persons alleging therein that on 3.3.2025 at about 6 p.m. she was going to the enclosure situated near her house wherein the applicant finding her on the way made some dirty actions on her to which she avoided and then he with an ill-intention caught-hold of her and pulled her inside the enclosure and enraged her modesty. She made a shout on which Naresh, Anar Devi reached there and tried to save her on which Ajay assaulted Naresh with a rod on his head and on the leg of his wife. The other accused persons were also armed with lathi and danda who started assault. On hearing the sound, Jay Prakash, Ravi reached there to save them who were also assaulted. Due to the assault, Naresh Naresh, Jay Prakash and Ravi have received injuries. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the incident as 2 BAIL No. 26993 of 2025 narrated in the FIR by the victim is of the applicant enraging her modesty and on her shouts, two persons reached there who were also assaulted by the applicant and then other accused persons assaulted the other persons reached there. Subsequently the victim in her statements recorded during investigation stated of the applicant sexually assaulting her by inserting his finger and hands in her private parts. In so far as the injuries received by Naresh are concerned, the same were lacerated wound and two contusions out of which lacerated and one contusion were kept under observation whereas 3rd was opined to be simple in nature. It is further argued that in so far as the lacerated wound is concerned, the same was opined to be grievous in nature whereas contusion was opined to be simple in nature. Jay Prakash was found to have received one lacerated wound and two abrasions and all the injuries were opined to be simple in nature, Ravi was found to have received one red linear tender scar suture which was also opined to be simple in nature. It is further argued that from the side of the applicant, Parvesh was found to have received one red contusion, one red abrasion and had a complaint of pain in which the red contusion was kept under observation and was advised X-Ray whereas the other injuries were opined to be simple in nature. It is further argued that Raj Kumar from the side of the applicant was also found to have received two injuries being lacerated and red contusion out of which lacerated wound was kept under observation and advised C.T. Scan whereas the other injuries were opined to be simple in nature. The prosecution is silent regarding the injuries received by Parvesh and Raj Kumar, the two persons from the side of the applicant and thus the genesis of the incident is somewhere suppressed. It is further argued that the prosecution story has been developed by the victim during investigation wherein she states of the applicant sexually assaulting her. It has also been pointed out that the applicant is not having any criminal history as stated in para 27 of the affidavit. The applicant is in jail since 28.4.2025.

6. Per contra learned counsel for the State opposed the prayer for bail.

7. After hearing the counsel for the parties and perusing the record, it is evident that the case of the victim as per FIR was of the applicant enraging her modesty. Subsequently during investigation she alleges of sexual assault. Two persons from the side of the applicant have also received injuries and the prosecution is silent regarding the same. 3 BAIL No. 26993 of 2025

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-Ajay, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to 4 BAIL No. 26993 of 2025 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. September 9, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Apul Misra, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Ajay, seeking enlargement on bail during trial in connection with Case Crime No.157 of 2025, under Sections 191(2), 115(2), 74, 351(3), 64(1),110 BNS, P.S. Sahawar, District Kasganj.

4. The FIR of the matter was lodged on 4.3.2025 by the victim against the applicant and four other persons alleging therein that on 3.3.2025 at about 6 p.m. she was going to the enclosure situated near her house wherein the applicant finding her on the way made some dirty actions on her to which she avoided and then he with an ill-intention caught-hold of her and pulled her inside the enclosure and enraged her modesty. She made a shout on which Naresh, Anar Devi reached there and tried to save her on which Ajay assaulted Naresh with a rod on his head and on the leg of his wife. The other accused persons were also armed with lathi and danda who started assault. On hearing the sound, Jay Prakash, Ravi reached there to save them who were also assaulted. Due to the assault, Naresh Naresh, Jay Prakash and Ravi have received injuries. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the incident as 2 BAIL No. 26993 of 2025 narrated in the FIR by the victim is of the applicant enraging her modesty and on her shouts, two persons reached there who were also assaulted by the applicant and then other accused persons assaulted the other persons reached there. Subsequently the victim in her statements recorded during investigation stated of the applicant sexually assaulting her by inserting his finger and hands in her private parts. In so far as the injuries received by Naresh are concerned, the same were lacerated wound and two contusions out of which lacerated and one contusion were kept under observation whereas 3rd was opined to be simple in nature. It is further argued that in so far as the lacerated wound is concerned, the same was opined to be grievous in nature whereas contusion was opined to be simple in nature. Jay Prakash was found to have received one lacerated wound and two abrasions and all the injuries were opined to be simple in nature, Ravi was found to have received one red linear tender scar suture which was also opined to be simple in nature. It is further argued that from the side of the applicant, Parvesh was found to have received one red contusion, one red abrasion and had a complaint of pain in which the red contusion was kept under observation and was advised X-Ray whereas the other injuries were opined to be simple in nature. It is further argued that Raj Kumar from the side of the applicant was also found to have received two injuries being lacerated and red contusion out of which lacerated wound was kept under observation and advised C.T. Scan whereas the other injuries were opined to be simple in nature. The prosecution is silent regarding the injuries received by Parvesh and Raj Kumar, the two persons from the side of the applicant and thus the genesis of the incident is somewhere suppressed. It is further argued that the prosecution story has been developed by the victim during investigation wherein she states of the applicant sexually assaulting her. It has also been pointed out that the applicant is not having any criminal history as stated in para 27 of the affidavit. The applicant is in jail since 28.4.2025.

6. Per contra learned counsel for the State opposed the prayer for bail.

7. After hearing the counsel for the parties and perusing the record, it is evident that the case of the victim as per FIR was of the applicant enraging her modesty. Subsequently during investigation she alleges of sexual assault. Two persons from the side of the applicant have also received injuries and the prosecution is silent regarding the same. 3 BAIL No. 26993 of 2025

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-Ajay, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to 4 BAIL No. 26993 of 2025 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. September 9, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad