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2025 DAILYLAW 195989 (ALL)

RAHUL @ RAHUL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1505/2025 · 2025-10-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1505 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.196 of 2025 under sections 137(2), 87 BNS, Old sections 363, 366 I.P.C., P.S. Dhanepur, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the first information report that minor daughter of the informant has been enticed away by the applicant on 28.6.2025 between 3.00 and 4.00a.m.. It is further alleged that while going away, she has taken jewellery and cash along with her. 4.Learned counsel for the applicant submits that the applicant has no criminal antecedent. The victim is a consenting party. She on her own accord went away from her home. In her statement under section 183 BNSS, she has totally denied the prosecution case. It is a case of false implication. The investigation is going on. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Rahul @ Rahul Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6.Considering the above aspects of the matter, the fact that the applicant has no criminal antecedent, lack of corroborative evidence, victim has refused to undergo medical examination, statements of the victim under sections 183 and 180 BNS, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, investigation is going on, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. The application is allowed. 7.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. October 15, 2025 kkb/ NABAIL No. 1505 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench