SAMEER @ CHOTU @ SAMIULLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1252/2025 · 2025-09-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164282 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164282 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1252 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Dharm Trivedi, learned counsel appearing on behalf of the applicant as well as Shri Avishesh Kumar Singh, learned AGA. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.431 of 2025 under Sections 137(2), 87, 351(2) of B.N.S. registered at Police Station- Dhaurahra, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.06.2025 against three persons, including the applicant and his brother and father, stating that the informant's daughter aged 17 years had gone missing on 19.06.2025 and upon making inquiry, he came to know that the applicant had enticed her away and that his daughter had taken away Rs.50,000/- with her. 4. In the statement recorded under Section 180 BNSS, the alleged victim stated that she knows the applicant for the last six years, she loves him and she wants to marry him. Her father was against this marriage and, therefore, she had gone away to Hyderabad. About coming to know about Versus Counsel for Applicant(s) : Dharm Trivedi Counsel for Opposite Party(s) : G.A. Sameer @ Chotu @ Samiulla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
the FIR, she came back. The victim categorically stated that no misdeed was committed against her. The victim declined to undergo medico legal examination and even ossification test was not conducted for ascertaining her age. 5. In the statement of the victim recorded under Section 180(3) BNSS, she reiterated her earlier version. 6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent person, having no criminal history and he has been falsely been implicated in the present case. 7. The learned AGA has opposed the prayer for anticipatory bail and he has submitted that investigation in the matter is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim, wherein she has not levelled any allegation against the applicant, coupled with the fact that the applicant is a young man, having no criminal history, 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 applicants 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 bail on furnishing a 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. NABAIL No. 1252 of 2025 2
(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. September 16, 2025 KR NABAIL No. 1252 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench