Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202544 (ALL)

Govardhan alias Govardhan Trivedi alias Gyan Dev v. State of U.P. thru Secretary Home Deptt. and another

ABAIL/1189/2025 · 2025-10-28

Pankaj Bhatia

body2025

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 438 CR.P.C. No. - 1189 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.0341 of 2025 under sections 74, 115 (2), 351(2), 333, 75(2) and 64(1) BNS, P.S. Pali, District Hardoi. 3. The FIR in question was lodged alleging that the informant aged about 30 years was alone at home, when the applicant came and misbehaved with her and wanted to do wrong to her and offered Rs.500/-. No allegations of rape were levelled. Subsequently, the applicant had approached this court by filing Writ Petition No.8299 of 2025 in which the applicant was granted the benefit of provision of Section 35(3) BNSS. Thereafter, the victim changed her statement under section 183 BNSS and stated that the applicant with the help of one other person, wrong was also committed on her. 4. Learned AGA opposes the bail application. 5. Considering the fact that the victim is aged about 30 years and there are huge inconsistencies in the FIR allegation and statement, a case for anticipatory bail is made out till filing of the charge-sheet. Versus Counsel for Applicant(s) : Devendra Pratap, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Govardhan Alias Govardhan Trivedi Alias Gyan Dev .....Applicant(s) State Of U.P. Thru Secretary Home Deptt. And Another .....Opposite Party(s) 6. Thus, in the event of arrest, let the applicant Govardhan Alias Govardhan Trivedi Alias Gyan Dev be released on anticipatory bail till filing of the charge-sheet in aforesaid FIR number on his furnishing a personal bond of Rs.30,000/- to the satisfaction of Station House Officer concerned with the following conditions: (a) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with the investigation; (b) The applicant shall not leave India without previous permission of the Court; (c) 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 or tamper with the evidence; 7. The present application for anticipatory bail is accordingly allowed October 28, 2025 VNP/- ABAIL No. 1189 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench