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2025 DAILYLAW 25868 (ALL)

AMJAD v. STATE OF U.P. AND 3 OTHERS

NABAIL/1833/2025 · 2025-08-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136852 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1833 of 2025 Applicant :- Amjad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Sri V.P. Tripathi, learned A.G.A. submits that the notice of the present application has been served upon the opposite party no.2/informant and opposite party no.3/Child Welfare Committee on 05.03.2025. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 3. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 194 of 2024, under Sections 333, 352, 74, 351(2), 351(3) of Bhartiya Nagrik Suraksha, 2023 and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, Police Station Chhaprauli, District- Baghpat, during the pendency of trial. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report, the date and time of the alleged incident has not been disclosed. In the statement of the victim under Section 180 B.N.S.S. the incident is alleged to have occurred on 30.8.2024 whereas the first information report was lodged on 4.8.2024. In the statement of the victim under Section 183 B.N.S.S., specific allegations have been levelled against co-accused Vishal, whereas there is no allegation against the applicant. It is contended that the inconsistencies in the F.I.R., statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S. discredit the prosecution case. The applicant did not act inappropriately with the victim. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.5 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that in the first information report, the date and time of the alleged incident has not been disclosed, in the statement of the victim under Section 183 B.N.S.S. specific allegations have been levelled against co-accused Vishal, whereas there is no allegation against the applicant; there are inconsistencies in the F.I.R., statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S., investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant Amjad, 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 12.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad