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2025 DAILYLAW 200027 (ALL)

VIJAY KUJMAR SINGH @ SURAJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NABAIL/1452/2025 · 2025-10-08

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. - 1452 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no.2 is dispensed with in view of the proposed order. In the prosecution case, it is alleged that seven days prior to the registration of the FIR, i.e., on 07.05.2025 at about 3:00 p.m., the minor daughter of the complainant, aged about 16 years, went to Government Hospital, Wazirganj, for treatment but did not return by 6:00 p.m. It is further alleged that two persons, including the applicant, forcibly took away the victim with the intent of marrying or selling her. There is apprehension that the accused applicant may sell the victim. Learned counsel for the applicant submits that the applicant has no criminal antecedents and has been falsely implicated. The victim has not supported the prosecution case; in her statement recorded under Section 180 BNSS, she went away with the applicant of her own accord. In her statement under Section 183 BNSS, the victim has outrightly denied the prosecution case. No allegation whatsoever has been levelled against the applicant. She refused to undergo medical examination. It is therefore submitted that the applicant has been falsely implicated. Learned counsel for the applicant further submits that the applicant is willing Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Mahendra Pratap Singh Counsel for Opposite Party(s) : G.A. Vijay Kumar Singh @ Suraj Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) to cooperate with the investigation. Learned AGA has opposed the bail application of the applicant. It is submitted that the investigation is still pending and the victim is major. Perused the record. On due consideration of the facts that the applicant has no criminal antecedents, and prima facie, from perusal of the statements of the victim recorded under Sections 180 and 183 BNSS, the ingredients to attract the offences under Sections 137(2) and 87 BNSS are not made out, coupled with the undertaking given on his behalf to cooperate in the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case, in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another (2020) 5 SCC 1, subject to his full cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant Vijay Kumar Singh @ Suraj Singh shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. October 8, 2025 Madhu D.R/P.S NABAIL No. 1452 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench