ANSHU RAWAT @ SHIVMURTI BHARTI v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
BAIL/7638/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157984 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157984 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48035 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7638 of 2025 Applicant :- Anshu Rawat @ Shivmurti Bharti Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pravin Singh, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 208 of 2025, under Sections 87, 137(2) B.N.S. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bhadokhar, District . 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.06.2025 stating that the applicant had enticed away the informant's daughter aged about 16 years in the night of 30.05.2025. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 17 years, being angry against her mother she had gone away from her home to Prayagraj on her own and she thought that she would study there. Upon coming to know about the F.I.R. she came back. She categorically stated that she had gone alone and the applicant has been falsely implicated in the present case. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 BNSS she stated that she loves the applicant and she had stayed with him. She stated that she has not made physical relations with the applicant. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
04.07.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statements of the victim coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 26.06.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Anshu Rawat @ Shivmurti Bharti be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 18.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench