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2025 DAILYLAW 164658 (ALL)

ARVIND NISHAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

NABAIL/1260/2025 · 2025-09-15

Karunesh Singh Pawar

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1260 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. 132 of 2025, Under section: 69, 351(3) BNS, Police Station: Jaitpur, District: Ambedkar Nagar. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. In the prosecution case, it is alleged that the applicant, on the pretext of marriage, sexually exploited the victim for the past three years. Their engagement was solemnized on 01.04.2025 and the marriage was scheduled to be held on 17–18 May, 2025. Invitations were also distributed; however, three days prior to the wedding, the applicant allegedly refused to marry the victim. 4. Learned counsel for the applicant submits that a perusal of the victim’s statement recorded under Section 180 BNSS shows that her family members were not ready for the marriage. The relationship between the parties was consensual, as is evident from her statement under Section 183 BNSS. There is no allegation that from the inception the applicant had no intention to marry, or that he employed deceitful means to induce the victim into a physical relationship. The allegation of taking her photograph is also false, as no such photograph has been recovered. It is further pointed out that the victim refused to undergo medical examination. 5. Learned counsel for the applicant further submits that if the accused is Versus Counsel for Applicant(s) : Prabhu Ranjan Tripathi, Aparna Tripathis Counsel for Opposite Party(s) : G.A. Arvind Nishad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. 6. In support of his submissions, learned counsel has relied upon the judgment in Pradeep Kumar Kesarwani v. State of U.P., 2025 SCC OnLine SC 1947. 7. Learned AGA, however, has opposed the bail application, submitting that the investigation is going on. 8. Upon due consideration to the judgment in Pradeep Kumar Kesarwani (supra), the explanation for the three-year delay in lodging the FIR, the absence of any allegation that the applicant had no intention to marry from the beginning or that he used deceitful means from the beginning, and the undertaking to cooperate with the investigation, this Court is of the view that the applicant is entitled to anticipatory bail, in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others v. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his cooperation in the investigation. 9. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- 10. The applicant shall report to the investigating officer within seven days from the date of receipt of certified copy of the order. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. 11. The application is allowed. September 15, 2025/R.C. NABAIL No. 1260 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench