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2025 DAILYLAW 186360 (ALL)

ROHIT KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NABAIL/1880/2025 · 2025-12-03

Karunesh Singh Pawar

body2025

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. - 1880 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. 388/2025, Under Section 137(2), 123 BNS (Corresponding Section of IPC 366, 328 IPC), Police Station Mohammadi, District Kheri. Heard learned counsel for the applicants and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. As per the prosecution case, the minor daughter of the informant, aged about 16 years, was allegedly enticed away by four accused persons on 26.05.2025. It is further alleged that while leaving, she took away a payal weighing one tola and Rs.40,000/-. Submission of learned counsel for the applicants is that the victim’s statements recorded under Sections 180 and 183 BNSS are inconsistent, and she has made material improvements in her statement under Section 183 BNSS. It is contended that the victim’s version does not inspire confidence and the applicants have been falsely implicated. It is also pointed out that the victim has submitted an application to the police, which forms part of the case diary, wherein she has denied the prosecution story. Learned AGA, on the other hand, has opposed the prayer for anticipatory Versus Counsel for Applicant(s) : Ramakar Shukla, Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A. Rohit Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) bail, asserting that as per the school records, the victim is a minor aged about 16 years and in her statement under Section 183 BNSS she has supported the prosecution case with clear allegations against the applicants. It is submitted that custodial interrogation of the applicants is necessary and It does not appear to be a case of false implication. Upon due consideration of the victim’s statement under Section 183 BNSS, and the fact that she is a minor, this Court does not find any ground to accept the plea of false implication at this stage. There is no reason to disbelieve the version of the victim recorded under Section 183 BNSS. Thus, no case for grant of anticipatory bail is made out. Accordingly, the application for anticipatory bail stands rejected. December 3, 2025 R.C. NABAIL No. 1880 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench