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2025 DAILYLAW 157145 (ALL)

MEENU KHAN @ DILSHAD KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

NABAIL/1020/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47030 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1020 of 2025 Applicant :- Meenu Khan @ Dilshad Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pawan Kumar Sharma, the learned counsel for the applicant and Sri Ayush Sharma, the learned State counsel. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.78 of 2025, under Sections 74, 333, 115(2), 352, 351(3) of BNS and Sections 7/8 of POCSO Act, registered at Police Station- Nawabganj, District- Bahraich. 3. The aforesaid case has been registered on the basis of a F.I.R. lodged on 22.05.2025 against four persons, including the applicant, stating that the accused persons often molest and tease informant's minor daughter aged 15 years and all of them entered the informant's house at about 08:00 PM on 15.05.2025 and molested the informant's daughter. When the informant registered the accused persons, they beaten-up and threatened the informant. 4. The informant and the victim have supported the FIR allegations in the statement recorded by the Investigating Officer. The informant has declined the medico-legal examination of the victim. As per the birth certificate, the date of birth of the victim is 08.03.2009 and she was minor at the time of the incident. 5. In the statement of the victim recorded under Section 183 BNSS, she stated that there is a property dispute between the parties and the accused persons want to take possession of the land of the informant. 6. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant has falsely been implicated in the present case. The applicant's involvement in another case has been disclosed in para 20 of the bail application in which his name was dropped by the Investigation Officer after carrying out the investigation. 7. The learned counsel for the applicant has submitted that the two co-accused persons, namely Sameer Khan @ Mohammad Sameer and Newaj Shareef have been granted anticipatory bail in the present case. 8. Having considered the facts and circumstances of the case and keeping in view of the fact that the victim has stated about a a property dispute between the parties, who are related to each other; that two co-accused person have already been granted anticipatory bail and the case set up against all the accused persons is similar in nature, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Meenu Khan @ Dilshad Khan 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. Order Date :- 12.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench