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2025 DAILYLAW 182357 (ALL)

MUNNA @ RAM CHANDER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

NABAIL/1785/2025 · 2025-11-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1785 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.0168 of 2025, under Seciton 137(2), 87 BNS, Police Station Kotwali Colonelganj, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 17 years, was enticed away by the applicant on 19.05.2025. Learned counsel for the applicant submits that the applicant has no criminal antecedents. It is further submitted that the victim, on her own accord, went away with the applicant and married him. As per her statements recorded under Sections 180 and 183 BNSS, she is major, aged about 17 years. The victim has refused to undergo medical examination, and her statements under Sections 180 and 183 BNSS indicate that she was a consenting party and had voluntarily left with the applicant and married him. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary, Alok Kumar Counsel for Opposite Party(s) : G.A. Munna @ Ram Chander .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) shall not misuse the liberty granted to him. Learned AGA has opposed the bail application. Considering the statement of the victim recorded under Sections 180 and 183 BNSS, wherein she has categorically stated that she voluntarily went with the applicant and married him; the fact that she has refused to undergo medical examination; the absence of any criminal antecedents of the applicant; and the overall circumstances of the case, it appears that the essential ingredients of the alleged offence are not prima facie made out against the applicant as also in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his full cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 25, 2025 Madhu D.R/P.S NABAIL No. 1785 of 2025 2 Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench