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Neutral Citation No. - 2025:AHC:38488 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1273 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State- opposite party, and perused the material available on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 241 of 2024, under Sections 137(2) B.N.S., Police Station Mohammadabad, District Mau. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. For the first time the name of the applicant was disclosed by the victim in her statement under Section 183 B.N.S.S. As per the said statement, co-accused Sikandar Rajbhar enticed her to Gorakhpur and thereafter to Chennai and established relationship with her. Further, in the presence of the applicant and her sister Gyanti Devi, at Gorakhpur station the co-accused Sikandar Rajbhar applied 'Sindoor' on her. Co-accused Sikandar Rajbhar has been granted bail by this Court vide order dated 26.11.2024 passed in Criminal Misc. Bail Application No. 42269 of 2024, Sikandar Rajbhar v. State of U.P. and others. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has been summoned by the trial court. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the
record. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report; the victim in her statement under Section 183 B.N.S.S. stated that in the presence of the applicant and her sister Gyanti Devi at Gorakhpur station the co-accused Sikandar Rajbhar applied 'Sindoor' on her; co-accused Sikandar Rajbhar has been granted bail by this Court; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Jitendra Kumar involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.
8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 18.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad