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2025 DAILYLAW 160287 (ALL)

ROHIT KUMAR (MINOR) THRU. HIS NATURAL GUARDIAN FATHER JAY PRAKASH DAS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

NABAIL/1097/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1097 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Abhishek Singh, learned counsel appearing on behalf of the applicant as well as Shri S.P. Singh, the learned State counsel. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0037 of 2025, under Sections 191(2), 115(2), 352, 119(1), 351, registered at Police Station-Gomti Nagar Vistar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.02.2025 against five persons, including the applicant, stating that all the accused persons who are well known to the informant had taken away the informant and his friend Shaijad Khan in a SUV and at some distance they demanded money from the informant and upon the informant's refusal, the accused persons beat the informant and his friend and thereafter set them free stating that they should pay the money by the following day. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent minor aged 16 years, having no criminal history and he has been falsely been implicated in the present case. 5. Three co-accused persons have been granted interim anticipatory bail in the present case, the copies of the orders have been annexed as annexure No.5 to the anticipatory bail application. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. Versus Counsel for Applicant(s) : Abhishek Singh, Dhiraj Pratap Singh Counsel for Opposite Party(s) : G.A. Rohit Kumar (Minor) Thru. His Natural Guardian Father Jay Prakash Das .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a minor aged about 16 years, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on 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/herself 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. August 26, 2025 S. Shivhare NABAIL No. 1097 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench