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2025 DAILYLAW 142709 (ALL)

MOHAMMAD SAAJID v. STATE OF U.P. THRU. PRIN. SECY. HOME SCTT. LKO AND ANOTHER

NABAIL/561/2025 · 2025-06-02

Karunesh Singh Pawar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34239 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 561 of 2025 Applicant :- Mohammad Saajid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sctt. Lko And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record. 2. According to prosecution case, the complainant, a physically handicapped woman, filed a complaint to the police alleging that Mohammad Saajid, the applicant, from her village trapped her into a physical relationship by falsely promising marriage for the past seven years. Despite her requests, he kept postponing marriage with excuses and even forced physical relations against her will. When she asked again, he became violent, slapped her, and threatened to make private videos viral and kill her if she spoke about the relationship. 3. Learned counsel for the applicant submits that no specific date or time of the alleged incident has been mentioned in the First Information Report. It is admitted that the relationship between the applicant and the victim lasted for approximately seven years, during which no complaint was ever made against the applicant. The victim is 30 years old and is physically handicapped. It is further submitted that the prosecution story appears to be highly improbable. The alleged obscene video or photographs have not been recovered. The victim has refused to undergo medical examination. The applicant has no criminal antecedents. 4. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant undertakes to cooperate in the investigation and not to misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail application but has not disputed the fact that the applicant has no criminal antecedents. 6. Considering the facts that the victim has refused to undergo medical examination, the applicant has no criminal antecedents, the statement of the victim under Section 180 and 183 BNSS, the applicant’s undertaking, and without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail. 7. Accordingly, the anticipatory bail application is allowed. 8. In the event of arrest, the applicant, Mohammad Saajid, shall be released on anticipatory bail in connection with Case Crime No. 115 of 2025, under Sections 69, 115(2), 351 (3) BNS, Police Station Matera, District Bahraich, on furnishing a personal bond with two sureties of like amount each to the satisfaction of the Station House Officer concerned, subject to the following conditions: (i) The applicant shall cooperate in the investigation and shall not tamper with the evidence or influence any witness. (ii) The applicant shall not leave the country without prior permission of the court. (iii) The applicant shall appear before the Investigating Officer as and when required. (iv) In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail. Order Date :- 2.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench