NAVEEN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 2 OTHERS
/1400/2025 · 2025-10-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201429 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201429 (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. - 1400 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.0073 of 2025 under section 87 BNS, P.S. Harpalpur, district Hardoi. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State as also learned counsel for the complainant Mr. Anurag Shukla, Advocate who has filed vakalatnama today in court, which is taken on record. 3.Learned counsel for the applicant submits that the applicant is a resident of New Delhi. The first information report has been registered at Hardoi. Hence, he has approached this court directly as this case is covered by a Full Bench judgment of this Court in Ankit Bharti and another versus State of U.P. and another passed in Anticipatory Bail No.1094 of 2020. 4.It is alleged in the prosecution case that the accused has enticed the sister of the informant aged about 18 years. 5.Learned counsel for the applicant submits that the victim as per first information report is major. As per High School certificate, her date of birth is 10.12.2007. She is more than 17 years of age. She on her own accord went away with the applicant. In her statement under section 183 BNSS, she has not supported the prosecution case. Both are in live-in- relationship. Versus Counsel for Applicant(s) : Bhagwati Prasad Nigam Counsel for Opposite Party(s) : G.A. Naveen Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others .....Opposite Party(s)
6.Learned counsel for the complainant does not dispute this fact and submits that the victim on her own accord is living with the applicant. Learned A.G.A. has opposed the bail application. 7.Keeping in view the statement made on behalf of the complainant, perusal of the case diary, the fact that the applicant has no criminal antecedent, the undertaking given on behalf of the applicant that he will cooperate in the investigation, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.
8.In view of the above, it is provided that in the event of arrest, the applicant shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O. The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 9.The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. 10.The application is allowed. October 14, 2025 kkb/ NABAIL No. 1400 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench