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2025 DAILYLAW 165514 (ALL)

KARAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1343/2025 · 2025-09-25

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. - 1343 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Second supplementary affidavit filed the learned counsel for the applicant is taken on record. 2. Heard Sri Abhishek Singh, learned counsel for the applicant, Smt. Sikha Sinha, learned A.G.A. appearing on behalf of the State and perused the record. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.293/2025, under Sections 137(2) & 87 BNS along with the newly added Sections i.e. Section 64(1) BNS and Section 3/4 of POCSO Act, registered at Police Station- Gudamba, District- Lucknow. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.07.2025 stating that the applicant had enticed away the informant’s daughter aged about 17 years. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned A.G.A. has opposed the anticipatory bail application and has produced the relevant extract of case diary for perusal of this court, which shows that in the statement recorded under Section 180 Versus Counsel for Applicant(s) : Abhishek Singh, Sanjana Chaturvedi Counsel for Opposite Party(s) : G.A. Karan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) BNSS, the victim has stated that she has been talking to the applicant since February 2025 but her family members started opposing it and, therefore, she had gone with the applicant. Upon coming to know about the FIR, she came back on her own. In response to a question put to her, she categorically stated that no misdeed has been committed to her by the applicant. 7. The medico-legal examination report of the victim does not reveal any mark of injury or sign of use of force. 8. In the statement of victim recorded under Section 183 BNSS, she repeated her earlier version and she categorically stated that nobody had enticed her away. She further stated that she has made physical relation with the applicant willingly. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not leveled any allegation of commission of misdeed against the applicant; the applicant has no criminal history and he was not arrested till investigation and the investigation already stands concluded/ he has undertaken to cooperate in the investigation/trial, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Karan before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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 NABAIL No. 1343 of 2025 2 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 25, 2025 V. Sinha NABAIL No. 1343 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench