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2025 DAILYLAW 128732 (ALL)

ASHISH ( AS PER FIR ASHISH YADAV ) v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO AND 3 OTHERS

NABAIL/249/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16176 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 249 of 2025 Applicant :- Ashish ( As Per Fir Ashish Yadav ) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And 3 Others Counsel for Applicant :- Vivek Tiwari,Brajesh Sinha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Tiwari, the learned counsel for the applicant, Sri Arvind Kumar Pandey, the learned A.G.A. for the State and Sri Brijesh Kumar Yadav, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0297 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jagdishpur, District Amethi 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.12.2024 stating that the informant's sister in law aged about 17 years was found missing from her home in the night of 04.12.2024. She expressed an apprehension that her sister in law has been enticed away by the applicant. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she is aged about 18 years. She had gone with the applicant out of her own freewill and lived with him for one month and upon coming to know about lodging of F.I.R. she returned to her home. She stated that she wants to live with the applicant and to marry him. Similar statement has been given by the victim under Section 183 BNSS, wherein she added that she has made physical relations with the applicant also and that was with her own freewill. The victim has declined to undergo medical examination. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a 22 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a 22 years old young man having no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ashish ( As Per F.I.R. Ashish Yadav ) before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 20.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench