AMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/453/2025 · 2025-05-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139750 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139750 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28541 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 453 of 2025 Applicant :- Amar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Pukar Singh,Ram Ashish,Ram Lakhan Counsel for Opposite Party :- G.A.,Pranav Pandey Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Ram Pukar Singh, the learned counsel for the applicant, Shri Ravi Srivastava, the learned A.G.A. for the State, Shri Pranav Pandey, the learned counsel for the informant and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.134 of 2025 under Sections 69, 115(2), 352, 324(4), 308(2), 123 B.N.S. registered at Police Station- Kotwali Sadar, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.02.2025 against three persons, including the applicant, stating that the informant runs a beauty parlor, she came into contact with the applicant about 5-6 years ago and he made physical relations under allurement of marrying her. The FIR also alleges that the applicant prepared some obscene photo and video and under threat of spreading the same virally, he had been sexually exploiting her. The informant further stated that the applicant had extracted about Rs.6 Lakhs from her till
03.06.2023. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated that the applicant had married the informant on 04.08.2024 and some photographs have been annexed in support of this contention. 5. Learned AGA and the learned counsel for the informant have vehemently opposed the anticipatory bail application. Learned AGA has produced the relevant extract of case diary for perusal
of the Court. 6. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had prepared her video while she was bathing and he blackmailed her on the strength thereof. She stated that the applicant had extracted Rs.6 Lakhs from her. 7. The medico-legal examination report mentions no mark of injury or sign of use of force. 8.
In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she further stated that all the accused persons came to her parlor on 16.10.2024, broke down her phone and deleted the recordings in it. 9. From the aforesaid statement of the informant, prima facie it appears that some objectionable material was recorded by the informant herself. 10. Learned A.G.A. has further submitted that investigation of the case is still pending and till date no material has come to light which may support the contention of the informant that she has paid Rs.6 lakhs to the applicant and no obscene photo or video had come to light. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the even as per the informant's version, she is in a relationship with the applicant for the past 5-6 years; the applicant claim to have married the informant in the year 2024 whic claim is supported by some photographs annexed with the bail application; although the informant has alleged that the applicant had blackmailed her on the strength of some obscene material saved in his phone; as per her statement recorded under Section 183 BNSS, the applicant broke down her phone and deleted the obscene material, from which it appears that the informant herself had kept some obscene material in her phone and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 12. Accordingly, this anticipatory bail application stands allowed. 13.
In the event of arrest/appearance of applicant- Amar Yadav before the learned Trial Court in the aforesaid case crime, she
shall be released on anticipatory bail on their 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 herself 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 :- 15.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench