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2025 DAILYLAW 203603 (ALL)

MITHLESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1483/2025 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1483 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 perused the record. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.178 of 2025, under Sections 87, 70, 127(2), 137(2), 351(3) of BNS, Police Station Hardi, District Bahraich. 3. In terms of the FIR, it was alleged that on 02.06.2025, the daughter of the informant aged about 18 years was enticed by the co-accused Suresh. Subsequently, in the statement under Section 180 of BNSS, similar statement was made. 4. The Counsel for the applicant argues that apart from the statement of two villagers, who stated that the name of the applicant is not Chhotkanne and has been wrongly implicated. The Counsel for the applicant further argues that the victim as well as the co-accused Suresh Gautam had married and they also approached this Court by filing Criminal Misc. Writ Petition No.5267 of 2025, in which, interim protection was granted by this Court vide order dated 23.06.2025. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Ashutosh Bajpai Counsel for Opposite Party(s) : G.A. Mithlesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. Considering the fact that the victim and the co-accused have married and no role was assigned to the applicant in the FIR, I am of the view that the applicant is entitled for the benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed. 7. In the event of arrest, let the applicant Mithlesh Kumar 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 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 13, 2025 akverma NABAIL No. 1483 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench