DURGESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
NABAIL/1446/2025 · 2025-10-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168560 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168560 (ALL) · dailylaw.ai ]
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. - 1446 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. No one appears on behalf of the informant despite service of notice. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.212 of 2025, under Sections 137(2), 65(1), 87 of BNS and Section 3/4 (2) of the POCSO Act, Police Station Rupaidiha, District Bahraich. 3. The FIR in question was lodged alleging that the daughter of the informant was enticed by the applicant. In the statement under Section 183 of BNSS, the victim stated that she knew the applicant for the last two years. She stated that she called the applicant and went with him at Mumbai on her own will. She stated that the applicant has no fault and had agreed to marry with her when she become major. In the statement under Section 180 of BNSS, she stated that she had gone with the applicant at Mumbai and had also married in a temple. 4. Learned A.G.A. vehemently opposed the anticipatory bail prayer. 5. Considering the aforesaid submission, the applicant is entitled for anticipatory bail particularly when there is no material on record to conclusively form any opinion with regard to the age of the victim at this Versus Counsel for Applicant(s) : Atul Kumar, Harish Chandra Counsel for Opposite Party(s) : G.A. Durgesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
stage. Accordingly, the anticipatory bail application is allowed. 6.
In the event of arrest, let the applicant Durgesh Kumar 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.30,000/- 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. 1446 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench