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2025 DAILYLAW 181516 (ALL)

ROSHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/1890/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1890 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No. 270 of 2024 under Section 76, 333, 115(2), 352, 351(2) BNS, Jahangirganj, District Ambedkar Nagar. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. In the prosecution case, it is alleged that on 21.10.2024 at about 10:45 a.m., while the victim was alone at home, the applicant- accused forcibly entered the house, allegedly molested her, threw her head against the wall, assaulted her with kicks and fists, hurled filthy abuses, and threatened to kill her. Learned counsel for the applicant submits that the applicant has no criminal history. The offences alleged are punishable with imprisonment of up to seven years. The charge-sheet has already been filed in the matter. It is further submitted that the applicant cooperated during the investigation and that the injuries sustained by the injured are simple in nature. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. On due consideration of the facts that the offence is punishable with Versus Counsel for Applicant(s) : Rajesh Kumar, Himadri Goswami Counsel for Opposite Party(s) : G.A. Roshan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) imprisonment of up to seven years, the charge-sheet has been filed, and the applicant has no previous criminal history, and further considering the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, and without expressing any opinion on the merits of the case, this Court finds it appropriate to extend the protection of anticipatory bail to the applicant. In view of the above, it is provided that the applicant shall surrender before the concerned court within twenty days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 2, 2025 Madhu D.R/P.S NABAIL No. 1890 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench