MOHDD. TAHIR @ TANHIR @ KALLU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1001/2025 · 2025-08-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156505 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156505 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48051 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1001 of 2025 Applicant :- Mohdd. Tahir @ Tanhir @ Kallu Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Yogeshwar Sharan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.- 286/2025, U/s- 69, 115 (2), 352, 351(3) of BNS, P.S.- Kotwali Dehat, District- Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. In the FIR, it is alleged that the applicant and the victim are residents of the same village. It is further alleged that from the festival of Eid until 31.03.2025, the applicant, on the pretext of marriage, repeatedly engaged in sexual relations with the prosecutrix.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is contended that the relationship between the parties was consensual and longstanding, and no offence under Section 69 BNS is made out. Learned AGA, on the other hand, has opposed the application, submitting that it cannot be said to be a case of false implication. The offence is serious in nature, investigation is still in progress, and custodial interrogation of the applicant
may be necessary. Upon due consideration of the victim’s statements under Sections 180 and 183 BNSS, which support the prosecution case, as well as the gravity of the offence, this Court finds no reason to presume false implication. Accordingly, no case for anticipatory bail is made out. The anticipatory bail application stands dismissed.
Order Date :- 18.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench