Gangaram vs State of U.P. Thru. Secy. Home Lko.

By means of this application, the applicant, who is involved in Case Crime No. 478 of 2025, under sections 74, 351 (2), 64 (1) of the B.N.S. (old Sections 354, 506 and 376 of IPC), Police Station Dhourahra, DistrictKheri is seeking enlargement on bail during the trial.

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The brief facts of the case are that an FIR dated 15.07.2025 under sections 74 and 351 (2) of the B.N.S. (old Sections 354 and 506 of IPC) has been lodged against the applicant alleging therein that applicant is teasing the daughter of informant aged about 18 and half years for last one month. On 14.07.2025, when she had gone for nature's call to relieve herself, the applicant dragged her in sugarcane field and when she cried, passersby approached to the place of incident and applicant ran away.

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Learned counsel for the applicant has submitted that in the statement of alleged victim/prosecutrix made under Section 180 BNSS, 2023, statement of mother of victim and statement of father of victim i.e. informant, prosecution has made the same version, as it has been narrated in FIR but for the first time in the statement of alleged victim/prosecutrix made under Section 183 of BNSS, 2023, she has improved her case by making statement that the applicant has outraged her modesty.

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It is further submitted that the medical report does not corroborate with the statement of the prosecutrix for the reason that in the medical report, it

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BAIL No. 2167 of 2026

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has been mentioned that no physical violence has been used; in front of the column of hymen, old and healed torn written and this medical was conducted within two days of alleged incident.

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It is further submitted that applicant has no criminal history and he is in jail since 10.02.2026.

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On the other hand, learned AGA on the basis of counter affidavit has vehemently opposed the prayer for grant of bail but unable to dispute the submissions made by learned counsel for the applicant.

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After hearing learned counsel for the parties and going through the record of the case, prima facie, it appears that prosecutrix in her statement under section 180 BNSS, 2023, her mother and father (informant) in their statement have stated the same story as it has been narrated in the FIR and victim in her statement made under Section 183 of BNSS, 2023 has improved her case by stating that applicant has outraged her modesty; primafacie, medical report does not corroborate with the statements of victim for the reason that in the medical report, it has been mentioned that no physical violence has been used; in front of the column of hymen, old and healed torn written and this medical was conducted within two days of alleged incident ; therefore, it is a fit case in which the applicant may be enlarged on bail.

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Accordingly, the present bail application is allowed.

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Let the applicant Gangaram 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:-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer

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or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order.

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May 13, 2026 Ashish

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(Manish Kumar,J.)

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Gangaram v. State of U.P. Thru. Secy. Home Lko.

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Gangaram v. State of U.P. Thru. Secy. Home Lko.

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