SHIVA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO. AND 4 OTHERS
NABAIL/1450/2025 · 2025-10-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198329 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198329 (ALL) · dailylaw.ai ]
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. - 1450 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 Sri Sudhir Kumar Rai, who has filed Vakalatnama on behalf of opposite party no.3. The Vakalatnama is taken on record.
2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in 393 of 2025, under Sections 64(1), 87, 137 (2) of BNS and Section 3/4 of POCSO Act, Police Station Maurawan, District Unnao.
3. The FIR in question was lodged alleging that the daughter of the informant was enticed by the applicant. Subsequently both the Counsel states that the applicant as well as the victim had married and staying together.
4. Considering the abovesaid statement that both the applicant and the victim are married and staying together, I am of the view that the applicant is entitled for the benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed.
5. In the event of arrest, let the applicant Shiva 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 Versus Counsel for Applicant(s) : Kunwar Ravi Prakash, Ashwani Kumar Srivastava, Seema Kashyap Counsel for Opposite Party(s) : G.A. Shiva .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And 4 Others .....Opposite Party(s)
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 8, 2025 akverma NABAIL No. 1450 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench