AMIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/869/2025 · 2025-07-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151788 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40961 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 869 of 2025 Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed seeking anticipatory bail in case crime No.368/2025, under Sections 87, 137(2) of BNS, P.S. Gola, District Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that minor daughter of the complainant has been enticed away by the applicant. It is further alleged that while going away, his daughter has taken 1 tola sona, 500 silver ornaments and Rs.15000/- cash.
Learned counsel for the applicant submits that victim while going away has taken cash and jewellery with her which testament the fact that she was a consenting party. Victim as per her statement under Section 180 BNSS is 18 years old. She supported the prosecution case under Sections 180 & 183 BNSS. No corroborative material has been found in the medical examination of the victim. Applicant has been falsely implicated in this case. Applicant has no criminal history. As per school record, victim is 17 years, 11 months and 7 days old. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.
Learned counsel for the applicant further undertakes that the applicant will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that victim has not supported the prosecution case, there is no other corroborative material, victim prima facie appears to be a consenting party, undertaking given by learned counsel for the applicant that applicant will cooperate in the investigation, it
would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of above, it is provided that the applicant-Amit Kumar shall report to the Investigating Officer within twenty days from today who shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The application stands allowed.
Order Date :- 17.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench