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2025 DAILYLAW 155432 (ALL)

ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

NABAIL/998/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46120 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 998 of 2025 Applicant :- Ashish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Avinash Singh Vishen Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avinash Singh Vishen, the learned counsel for the applicant as well as Sri S.P. Singh, the learned counsel appearing on behalf of the State and Sri Anil Kishore, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0231 of 2025, under Sections 74, 333, 351(3) B.N.S. and Sections 7 & 8 POCSO Act, registered at Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.06.2025 against three persons including the applicant stating that the applicant and co-accused Ashish Yadav used to tease the informant and her daughter. On 14.06.2025 the applicant had molested the informant's daughter inside her house. Thereafter, a complaint was made on helpline number 1090 on 18.06.2025 and another complaint was given to the police. On 19.06.2025 the police had called the applicant and his parents and they had entered into a settlement in which they had given an undertaking that the applicant and other persons will not show up in the vicinity of the informant's residence. On 20.06.2025 the applicant and co-accused Gaurav Singh made a phone call to the informant's mobile phone and threatened her. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a young man aged 21 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 the applicant is pursuing B.Tech course and he is studying in Dr. A.P.J. Abdul Kalam Technical University, Lucknow in fourth semester of the aforesaid course. He has not made any phone call to the informant or her daughter after the settlement was entered into on 19.06.2025. The applicant has given an undertaking to cooperate in the investigation and to abide by the conditions that would be put by this court. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted on the basis of written instructions provided to him that it is recorded in the case diary that the applicant was seen outside the house of the informant on 14.06.2025 but there is nothing in the case diary to indicate any offending act committed by the applicant after the settlement was entered into on 19.06.2025. The allegation that the applicant had made a phone call to the informant on 20.06.2025 is not supported by any CDR available on the case diary. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and 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. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ashish Kumar 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 :- 7.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench