Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 23270 (ALL)

SHASHANK VERMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/2100/2025 · 2025-03-17

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:37875 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2100 of 2025 Applicant :- Shashank Verma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S. produced by learned brief holder for the State are taken on record. 2. Heard counsel for the applicants and Sri Anumpam Anand, learned brief holder for the State-respondent. 3. This application has been filed seeking anticipatory bail in Case Crime No. 385 of 2024, under Sections 78(2), 333, 115(2), 351(2), 351(3), 75(1), 308(2) B.N.S., Police Station Ganjdundwara, District Kasganj. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. No indecent photograph of the victim has been recovered by the Investigating Officer. The victim in her statement under Section 180 B.N.S.S. stated that the applicants had not acted indecently with her. At this stage, there is no credible evidence to establish that any amount was paid in cash by the victim to the applicants. Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned court. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the victim in her statement under Section 180 B.N.S.S. stated that the applicants had not acted indecently with her, the fact that no indecent photograph of the victim has been recovered by the Investigating Officer. At this stage, there is no credible evidence to establish that any amount was paid in cash by the victim to the applicants. Charge-sheet has been filed. The applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Shashank Verma and Priyanka Swarnkar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 18.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad