Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:16895 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11158 of 2024 Applicant :- Avanish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of the statement of the informant produced by learned AGA, is taken on record.
2. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record.
3. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 326 of 2024, under Sections 64 BNS, Police Station- Etmadpur, District- Agra.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report allegation has been levelled against the applicant whereas in the statement of the victim under Sections 180 and 183 BNSS allegation of rape has been levelled against one Manish. The applicant has no criminal antecedents. It is next contended that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.
5. On the other hand, learned AGA has opposed the prayer for anticipatory bail. He submits that applicant is nicknamed as Manish. In this regard reliance has been placed on the statement of the informant.
6. Having heard learned counsel for the parties and having perused the record, this court prima facie finds that as per the statement of the informant to the police the applicant is nicknamed as Manish. Further, the victim in her statement under Sections 180 and 183 BNSS has made specific allegation of indecent behaviour and sexual assault against the applicant. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 6.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad