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2025 DAILYLAW 165147 (ALL)

AJAY YADAV v. STATE OF U.P. THRU. HOME SECY. LKO. AND ANOTHER

NABAIL/1280/2025 · 2025-09-17

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. - 1280 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sanjeev Kumar Shukla, the learned counsel for the applicant as well as Sri S.P. Singh, the learned counsel appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0025 of 2025, under Sections 76, 115(2), 352, 351(3) B.N.S., registered at Police Station Motigarpur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.01.2025 alleging that the applicant who is related to the complainant entered her house while she was alone, molested her and tried to force her for making physical relations.. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a young man aged 21 years, he innocent, he has no criminal history and he has falsely been implicated in the present case because of a property dispute between the parties. 5. The learned counsel for the applicant has submitted that the father of the applicant and the father of the complainant are real brothers and a civil suit is going on between them. Ajay Yadav State Of U.P. Thru. Home Secy. Lko. And Another Counsel for Applicant(s) : Sanjeev Kumar Shukla Counsel for Opposite Party(s) : G.A. 6. The learned counsel for the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 27.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man aged 21 years having no criminal history and without making any observations which may affect the outcome of the case, 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-Ajay Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his 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 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 17, 2025 Ram. (S u b h a s h Vi d y ar th i,J .) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench