BIKARM @ VIKRAM v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. AND 3 OTHERS
NABAIL/310/2025 · 2025-04-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132802 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132802 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20282 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 310 of 2025 Applicant :- Bikarm @ Vikram Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashish Raman Mishra, the learned counsel for the applicant as well as Sri Manjit Singh, the learned counsel appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.216 of 2024, under Sections 137(2), 87, 65 (1) B.N.S., and Section 3/4 (2) of Protection of Children from Sexual Offences Act, 2022 registered at Police Station Risiya, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 against two named persons, not including the applicant alleging that the informant's 13 years old daughter had gone away from her home on 15.07.2024 at 2.00 p.m. with the assistance of two named accused persons. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged 19 years, she had developed relationship with the applicant but her parents were demanding money from the applicant's father for her marriage with the applicant and therefore she had gone away from her home and has married the applicant. The medico legal examination report mentions no mark of injury or sign of use of force on any part
of victim's body. As per the radiological examination report the age of the victim is about 15 to 16 years. The victim stated before the doctor that she knows the applicant for the past 6-7 years and loves him. As her parents did not agree for her marriage with the applicant, she had gone with him. The victim has given similar statement under Section 183 BNSS also. 5. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a young man aged 19 years, he is innocent, he has no criminal history and he has falsely been implicated in the present case. It has also been submitted on behalf of the applicant that he has filed Criminal Misc.
Writ Petition No.5712 of 2024 for quashing of F.I.R. and by means of an order dated 27.08.2024, passed by a Division Bench of this court the arrest of the applicant was stayed till filing of the charge sheet. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
20.09.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim; that the applicant's arrest has been stayed by this court till filing of charge sheet, coupled with the fact that the applicant is a young man having no criminal history and the investigation already stands concluded 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-Bikarm @ Vikram 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 :- 10.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench