SANDEEP KUMAR TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
NABAIL/996/2025 · 2025-08-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156474 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156474 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46257 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 996 of 2025 Applicant :- Sandeep Kumar Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Nripendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Nripendra Mishra, learned counsel for the applicant as well as Sri S.P. Singh, learned State counsel 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. 134/2025, under Sections 76, 333, 115(2), 352, 351(3) B.N.S. and 7/8 POCSO Act, 3(1)r, 3(1)s, 3(2)va of SC/ST Act, Police Station Gilola, District Shrawasti. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.06.2025 at 16:28 hours on the basis of an application under Section 173 B.N.S.S. filed against the applicant and an unknown person, stating that while the informant's daughter was sitting on his shop about 08:00 a.m. on 07.02.2025, the accused persons came there, bought some goods and started leaving without paying the sale consideration. When the informant's daughter demanded money, the accused persons pulled her down and molested and assaulted her. Upon hearing the hue and cry raised by her, some neighbors gathered there, the informant's daughter ran inside her home and the accused persons also followed her and beaten up the informant's daughter and wife and threatened them. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and she has no criminal history. A copy of a scholar's register has been annexed with the bail application as per which the date of birth of the alleged victim is 25.04.2005 and she was major on the date of the incident. 5. Learned AGA has opposed the bail application on the basis of instructions provided to him and stated that the victim has
declined to undergo medico legal examination. He has submitted that the allegations have been established during investigation and a charge sheet has been prepared and forwarded to the higher authorities. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 07.02.2025 and the application under Section 173(4) B.N.S.S. has been filed on 25.03.2025 and there is no medical evidence to support the allegations; the applicant has no criminal history and the investigation already stands concluded, I am of the view that the applicant is also entitled to be granted interim anticipatory bail. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sandeep Kumar Tiwari 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 themselves 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.
Order Date :- 7.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench