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2025 DAILYLAW 183317 (ALL)

ANSHU MAURYA @ ABHAY MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8002/2025 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8002 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Riyaz Ahmad, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.302 of 2025, under Section 64, 352, 79, 140(2), 127(2), 61(2) BNS, P.S. Dubagga, District Lucknow. 3. In terms of the FIR lodged on 10.07.2025, allegations were levelled that on 09.07.2025 the informant had gone out for dinner and when she came back, she was picked up by the applicant and his accomplice who was forcing her for a compromise in a matter and took her in a black car and thereafter, wrong was committed and she was thrown; somehow, she could be saved by some persons. 4. In the light of the said allegation, learned counsel for the applicant argues that prior to the allegations levelled, the same informant had levelled allegations through FIR No.150 of 2025 on 03.04.2025 wherein allegations were levelled that on false pretext of marriage for the last three years, physical relations were formed on various occasions and certain money was also taken and the victim was administered poison also. In the said FIR, the applicant was enlarged on bail on 16.04.2025, and as the applicant was enlarged on bail, the second FIR has been lodged. He further argues that none of the persons have stated or supported the story as narrated in the FIR. It is further argued that the FIR in question is Versus Counsel for Applicant(s) : Vidya Kant Sharma Counsel for Opposite Party(s) : G.A., Osama Syed, Riyaz Ahmad Anshu Maurya @ Abhay Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) nothing but a sequel to the earlier FIR wherein the applicant was enlarged on bail. Age of the victim is said to be around 30 years. Documents on record also demonstrate that the marriage of the applicant was proposed to be solemnized elsewhere where the applicant has married and thereafter, the informant is threatening the applicant. 5. Learned counsel for the informant, on the other hand, while opposing the bail application, argues that the victim was taken in a car for one hour and wrong was committed which is duly reflected in the medical report on record which indicates bleeding on the private parts, and considering the gravity of the offence and the presence of cigarette burn marks on the body, the bail application should be rejected. 6. In the statement under Section 183 BNSS which is on record, the victim stated that she was married and had taken the two children alongwith her and subsequently, physical relations were formed since the year 2020 on the false pretext of marriage. 7. Considering the nature of the allegations and the statement, prima-facie, the relationship of the victim continued with the applicant since the year 2020 allegedly on the false pretext of marriage. While lodging the FIR, it was stated that she was taken in a black car and wrong was committed and thereafter, she was thrown, however, there was no recovery of any car. Medical on record heavily relied upon by the counsel for the informant itself records that there are no obvious signs of injury; even on the private parts, no abnormality or injury was seen. Although, the medical on record is indicative of the presence of burn marks, no such material exists to corroborate the involvement of the applicant with the offence in question. 8. In view thereof, considering the past legal cases of the applicant and the victim and the fact that the applicant is aged about 24 years and the victim is aged about 30 years, the applicant who is in custody since 12.07.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Anshu Maurya @ Abhay Maurya be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following BAIL No. 8002 of 2025 2 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. November 25, 2025 nishant BAIL No. 8002 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench