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2025 DAILYLAW 190019 (ALL)

SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND 3 OTHERS

NABAIL/1405/2025 · 2025-10-07

Pankaj Bhatia

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. - 1405 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. No one appears on behalf of the informant despite service of notice. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.110 of 2025, under Sections 137(2), 87, 64(1) of BNS and Section 3/4 of POCSO Act, Police Station Hanswar, District Ambedkar Nagar. 3. The submission of the Counsel for the applicant is that the anticipatory bail was rejected by the trial court on 27.08.2025. It is argued that the FIR in question was lodged alleging that the daughter of the informant aged about 16 years was enticed by some unknown person. The mobile numbers were also disclosed in the FIR. The victim herself stated that she knew the applicant through Instagram and had called the applicant on 02.07.2025 and had left with the applicant to Varanasi through train and thereafter at Allahabad where they stayed together for seven days. Subsequently, the brother of the victim came and assured that she would get married when she turns 18 years. It is also admitted that she knew the applicant for one and a half years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statement given by the victim herself, prima facie, case Versus Counsel for Applicant(s) : Priyam Mishra, Dhananjay Yadav Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. And 3 Others .....Opposite Party(s) for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application is allowed. 6. In the event of arrest, let the applicant Sunil Kumar be released on anticipatory bail in the abovesaid first information report number till submission of the charge-sheet on his furnishing personal bonds to the satisfaction of the Investigating Officer concerned with the following conditions: (i) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with investigation; (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 him from disclosing such facts to the Court or to any police officer and (iii) The applicant shall not leave India without the previous permission of the Court. October 7, 2025 akverma NABAIL No. 1405 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench