ANMOL CHAUDHARY @ SHERU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO.
BAIL/8470/2025 · 2025-09-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163038 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163038 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8470 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that the complainant, living with her maternal grandfather and pursuing studies, was deceived by the applicant, a relative, who promised marriage and established physical relations with her. He also allegedly withdrew money from her scholarship account and took cash on several occasions. The complainant further states that the applicant’s mother Hemlata, sisters Pratima (alias Goldi), Shweta, and Shraddha supported him, and Pratima assured her that marriage would take place, which was also affirmed by the applicant’s uncle Ajeet Kumar. However, on 08.04.2025, the applicant abused, threatened, and ultimately refused to marry the complainant, even blacklisting her mobile number. 3. Learned counsel for the applicant submits that the applicant has no criminal antecedents. It is submitted that the relationship between the applicant and the victim was consensual and both were majors. The victim voluntarily travelled to Allahabad (Prayagraj), which is evident from her statement recorded under Section 183 BNSS. It is further argued that there is lack of corroborative material in the medical examination. The entire family of the applicant has been falsely implicated, which casts doubt on the prosecution version. The applicant is in custody since 03.08.2025. It is also urged that that there is difference between the breach of promise of marriage Versus Counsel for Applicant(s) : Vinay Misra, Rakesh Kumar Trivedi Counsel for Opposite Party(s) : G.A. Anmol Chaudhary @ Sheru .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s)
and false promise of marriage. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA, opposed the prayer for bail, submitting that the investigation is still in progress. 6. Having considered the submissions and taking into account the delay of five years in lodging the FIR, absence of corroborative medical evidence, and the fact that the applicant, without any criminal antecedents, is in custody since 03.08.2025, I am of the opinion that the applicant deserves to be enlarged on bail.
7. Accordingly, the bail application is allowed. 8. Let the applicant Anmol Chaudhary @ Sheru involved in Case Crime No. 238 of 2025, Under Section: 69,352,351(2) B.N.S Police Station- Raniganj, District-Pratapgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date BAIL No. 8470 of 2025 2
fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 8, 2025 R.C.
BAIL No. 8470 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench