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2025 DAILYLAW 129440 (ALL)

WASIULLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

NABAIL/272/2025 · 2025-03-25

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17088 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 272 of 2025 Applicant :- Wasiulla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State as well as Shri Pawan Kumar Sharma, learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.446 of 2024, under Section 137(2), 64(1) of B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012,registered at Police Station- Ramgaon, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.08.2024 against the applicant and one Kafeel (wrongly mentioned in the FIR as Kapil) stating that the accused persons had enticed away the informant's daughter aged about 17 years. The victim herself gave an application to the SHO concerned stating that she is aged 22 years, her father wanted to get her married against her wishes after taking money; she had been beaten by her family members mercileslly and therefore, she had maried co-accused Kafeel Ahmad, a copy of thee nikahnama as well as marriage registration certificate issued by the Marriage Registration Officer, Ghaziabad have been annexed with the bail application which shows that the alleged vitim has married the co-accused person on 26.09.2024. The date of birth of the victim is mentioned as 01.01.2002 in the marriage certificate. The victim has stated in her statement recorded under Section 180 BNSS as also in her statement recorded under Section 183 BNSS that she has married the co-accused persons out of her own free will and she has not levelled any allegation of commission of any misdeed by the applicant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person having no criminal history and he has been falsely implicated in the present case. 5. The learned A.G.A.-I as well as learned counsel for the informant has vehemently opposed the present anticipatory bail application of the applicant. 6. Keeping in view the aforesaid facts, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. In the event of arrest/ appearance of applicant- Wasiulla before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a 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 :- 25.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench