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2025 DAILYLAW 168446 (ALL)

KAMLESH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND 3 OTHERS

NABAIL/1445/2025 · 2025-10-07

Pankaj Bhatia

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. - 1445 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed on behalf of the opposite party no.2 is take on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Pawan Kumar Mishra, learned Counsel appearing on behalf of the opposite party no.1 and perused the record. 3. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.80 of 2025, under Sections 87, 137(2), 64(1), 318(4), 338, 336(3), 340 of BNS and Section 5(j)(ii) and Section 6 of POCSO Act, Police Station Nanpara, District Bahraich. 4. The FIR in question was lodged as a missing person report alleging that the daughter of the informant was enticed by the applicant on 24.02.2025. The age of the victim was disclosed as 18 years. Subsequently, in the statement under Section 183 of BNSS, the victim stated that her father had got her married in the year 2024 with on Vishnu, however, she was loved with the applicant and out of her own freewill, she went to Delhi. She stated that she wants to live with the applicant. 5. Learned A.G.A. vehemently opposed the anticipatory bail prayer. Versus Counsel for Applicant(s) : Brijesh Kumar Kuldeep Counsel for Opposite Party(s) : G.A. Kamlesh .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) 6. Considering the nature of the allegation and the statement, I am of the view that the applicant is entitled for the benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed. 7. In the event of arrest, let the applicant Kamlesh be released on anticipatory bail in the abovesaid first information report number till conclusion of the trial on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. (d) The applicant shall not leave India without the previous permission of the Court. October 7, 2025 akverma NABAIL No. 1445 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench