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Neutral Citation No. - 2025:AHC:21762 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 848 of 2025 Applicant :- Kajol And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Dr. C.P. Upadhyay,Kishan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned A.G.A. submits that the notice of the instant application has been served upon the opposite party no.3/informant on 28.01.2025 and opposite party no.5/C.W.C. on 30.01.2025. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Ms. Satya Sinha, Advocate has filed her Vakalatnama on behalf of opposite party no.4/High Court Legal Services Committee, High Court, Allahabad. The same is taken on record. 3. Heard counsel for the applicants, Ms. Satya Sinha, counsel for the opposite party no.4, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 196 of 2024, under Sections 87, 137(2), 351(2), 65(1), 61(2) B.N.S. and Sections 16/17 POCSO Act, Police Station Asothar, District Fatehpur. 5. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. In the statement of the victim under Sections 180 and 183 B.N.S.S., allegation of rape has been levelled against co-accused Annu Singh. The role of applicants is clearly distinguishable from that of co-accused Annu Singh. No offence is made out against the applicants. The applicants are ladies and have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 6. Learned A.G.A. and counsel for the respondent no.4 have opposed the prayer for anticipatory bail but could not satisfactorily
dispute the aforesaid submissions from the record. 7. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8.
Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that in the statement of the victim under Sections 180 and 183 B.N.S.S., allegation of rape has been levelled against co-accused Annu Singh. The role of applicants is clearly distinguishable from that of co-accused Annu Singh. Without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 9. In the event of arrest, the applicants- Kajol and Kamlesh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them, before the S.S.P./S.P. concerned.
10. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
11. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application
of the applicants.
12. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
13. The application stands disposed of.
Order Date :- 14.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad