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Neutral Citation No. - 2025:AHC:44955 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1122 of 2025 Applicant :- Aysha Parveen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Rai,Sarvind Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned A.G.A. submits that the notice of the instant application has been served upon the opposite party no.2/informant and opposite party no.4 on 11.02.2025. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 269 of 2024, under Section 137(2) of B.N.S. and Section 16/17 of POCSO Act, Police Station Kanth, District- Moradabad, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim is major girl. As per her statements u/s 180 B.N.S.S. and 183 B.N.S.S. she had gone voluntarily with co-accused Faisal Ali. The applicant had not abetted the co-accused Faisal Ali to commit offence. The co- accused Faisal Ali has been granted bail by the co-ordinate Bench of this Court vide order dated 04.10.2024 passed in Criminal Misc. Bail Application No.35799 of 2024. The investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant is a lady and has apprehension of her arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but
could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the statements of the victim u/s 180 B.N.S.S. and 183 B.N.S.S. she had gone voluntarily with co- accused Faisal Ali.
The co-accused Faisal Ali has been granted bail by the co-ordinate Bench of this Court. At this stage there is no substantive evidence that the applicant abetted the co-accused to commit offence. Charge sheet has been filed. The applicant is a lady and had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Aysha Parveen, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make herself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the concerned court.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 1.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad