Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8558 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri O.P. Mishra, learned counsel for the applicant, learned AGA for the State and perused the record. 3. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 170 of 2025 under Section 69 B.N.S., Police Station - Barasathi, District - Jaunpur. 4. Contention of counsel for the applicant is that from the bare perusal of the F.I.R. as well as statement of the victim, recorded under Section 183 B.N.S.S., it is clear that the applicant was in relationship with the victim for more than two years and the victim is major. Therefore, the applicant has not committed any offence and he has been falsely implicated merely because despite having consensual relationship, the applicant refused to marry to the victim for certain reasons. 5. Learned A.G.A. has opposed the prayer for anticipatory bail, but he could not dispute the aforesaid fact. 6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations as well as gravity of offence, the applicant is entitled to get anticipatory bail till submission of charge sheet as per the Constitution Bench judgment of the Apex Court in the case of Versus Counsel for Applicant(s) : Om Prakash Mishra, Suraj Mishra Counsel for Opposite Party(s) : G.A. Anand Maurya .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 7.
7. Considering the aforesaid fact that F.I.R. has been lodged by the victim herself and also considering the nature of allegation and statements of the victim recorded under Sections 180 and 183 B.N.S.S., in the event of arrest, the applicant Anand Maurya, involved in the aforesaid crime, shall be released on anticipatory bail till completion of the investigation on furnishing a personal bond and two sureties each in the like amount 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; (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; (iii) The applicant shall not leave India without the previous permission of the Court; (iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation. (v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 9. With the aforesaid observations/directions, the application stands disposed of. October 17, 2025 Vandana NABAIL No. 8558 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad