VISHAL @ VIKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
/1753/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183360 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183360 (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. - 1753 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. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No. 628 of 2024, under Sections 137 (2), 87, 64 (2) (m) of BNS and Section 5 (tha)/6 of the POCSO Act, 2012, PS Motipur, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant was enticed by the applicant. Subsequently in her statement under section 183 BNSS age of the victim was 18 years which did not corroborate the allegation and stated that she was in love with the applicant and also married. Victim refused to undergo medical examination. 4. Learned A.G.A. vehemently opposed the anticipatory bail prayer. 5. Considering the nature of allegations, statement of the applicant and there being no material to suggest offence at the instance of the applicant as defined in the BNS, the applicant is entitled for benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed. 6. In the event of arrest, let the applicant Vishal be released on anticipatory bail in the abovesaid first information report number till conclusion of the trial on his furnishing personal bonds of Rs.5000/- and two reliable sureties of 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 Versus Counsel for Applicant(s) : Rajesh Kumar Verma Counsel for Opposite Party(s) : G.A. Vishal @ Vikash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s)
with the evidence. (d) The applicant shall not leave India without the previous permission of the Court.
In the event of charge sheet the said order shall continue till the trial on the applicant furnishing fresh sureties before the trial court. Short counter affidavit filed on behalf of victim is taken on record. November 20, 2025 mks NABAIL No. 1753 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench