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Neutral Citation No. - 2025:AHC:15970 Court No. - 68 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 881 of 2025 Applicant :- Rohit Mittal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for for the State and perused the material placed on record. By means of this application the applicant has sought anticipatory bail in Special Sessions Trial No. 2413 of 2021, under Sections 452, 354kha IPC and Sections-7/8 of POCSO Act, Police Station- Nakur, District-Saharanpur. The information of the incident, which is alleged to have taken place on 19.10.2021, was lodged through filing of an application under Section 156 (3) Cr. P. C. after nine days on 28.10.2021, which was treated as complaint case and the applicant and other co-accused were summoned for the charge punishable under Sections 452, 354kha IPC and Sections-7/8 of POCSO Act.
Learned counsel for the applicant submits that the present case is an offshoot of a case got registered by the father of the applicant no. 1 against the prosecution side under Sections-504, 323 and 307 IPC with regard to an incident alleged to have taken place on 19.10.2021 in which applicant no. 1 sustained grievous injuries. The custodial interrogation of the applicant is not required in this very case. Co-accused Affan @ Shahanshan and Nishant, have been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application No. 10356 of 2024, vide order dated
26.11.2024. The applicant has no criminal antecedents. Hence, the applicant is entitled for anticipatory bail. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Having regard to the submissions made by learned counsel for the
applicants, considering the nature of accusations and antecedents of the applicants, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. In the event of arrest, the applicant Rohit Mittal, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. The application stands allowed.
Order Date :- 5.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad