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2025 DAILYLAW 164898 (ALL)

TARUN KUMAR @ TARUN KUMAR PRAJAPATI @ TARUN PRAJAPATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1333/2025 · 2025-09-24

Subhash Vidyarthi

body2025

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. - 1333 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri D.P. Pandey, the learned counsel for the applicant, Sri Mayank Sinha, learned AGA for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 98 of 2025, under Sections 137(2), 87 B.N.S., Police Station Baba Bazar, District Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.06.2025 against two named persons, including the applicant, alleging that the applicant had enticed away the informant's niece aged 15 years. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that being angry with her family members for some reason, she had gone away to Lucknow by bus. She stated that she had not gone with any person and no misdeed was committed against her. The medico legal examination report of the victim did not reveal any mark of injury or sign of use of force. 5. In the statement recorded under Section 183 B.N.S.S., the victim stated that the applicant and co-accused Ajay had enticed her away. 6. In the affidavit filed in support of the application, it has been stated that the applicant is a young man aged 18 years having no previous criminal history and he has been falsely implicated in the present case. Versus Counsel for Applicant(s) : Diwakar Pratap Pandey, Mukesh Kumar Yadav, Rameshwar Tiwari Counsel for Opposite Party(s) : G.A. Tarun Kumar @ Tarun Kumar Prajapati @ Tarun Prajapati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. The learned A.G.A. has opposed the application and he has submitted that the investigation in the matter is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statement of the victim recorded by the Investigating Officer wherein she has not levelled any allegation against the applicant and that the medico legal examination report of the victim reveals no abnormality, coupled with the fact that the applicant is a young boy aged 18 years having no criminal history, I am of the view that the applicant is also entitled to be granted anticipatory bail. 9. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Tarun Kumar @ Tarun Prajapati @ Tarun Kumar Prajapati before the learned Trial Court in the aforesaid case crime, they shall be released on bail on their 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 themselves 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. September 24, 2025 Pradeep/- NABAIL No. 1333 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench