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2025 DAILYLAW 31013 (ALL)

NEETESH v. STATE OF U.P.

NABAIL/2172/2025 · 2025-03-18

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39417 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2172 of 2025 Applicant :- Neetesh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh,Km Astha Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case No. 20956 of 2024 arising out of Case Crime No. 44 of 2024, under Sections 363, 366 IPC, Police Station Bharthana, District Etawah. 3. Counsel for the applicant contends that the the applicant has been falsely implicated in the instant case. The victim in her statement under Section 161 Cr.P.C. stated that she is aged 21 years, she had gone voluntarily with the applicant and had performed marriage with him. The victim in her statement under Section 164 Cr.P.C. also stated that she had married the applicant. At this stage there is no credible evidence against the applicant. Further, during the course of investigation, the applicant was granted interim protection by this Court vide order dated 11.03.2024 passed in Criminal Misc. Writ Petition No. 3599 of 2024. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that the victim in her statement under Section 161 Cr.P.C. stated that she is aged 21 years and had gone voluntarily with the applicant, she had performed marriage with him, at this stage, there is substantive evidence against the applicant, during the course of investigation, the applicant has been granted interim protection by this Court, charge sheet has been submitted, the applicant had co-operated in the investigation, 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. 6. In the event of arrest, the applicant Neetesh, 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 him 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad