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2025 DAILYLAW 34691 (ALL)

SHYAMVEER ALIAS BEETU YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/2507/2025 · 2025-04-02

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:46773 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2507 of 2025 Applicant :- Shyamveer Alias Beetu Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 25 of 2025, under Sections 87, 70(1), 351(3) of B.N.S., Police Station- Bakewar, District- Etawah, during the pendency of trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant first information report has been lodged by the informant in regard to missing of her wife. After recovery, victim in her statements recorded under Sections 180 & 183 B.N.S.S., has not supported the prosecution story and has submitted that she is a married lady and mother of a son and she is in relationship with co-accused, Kallu. Allegation alleged in the first information report is false and baseless and without support of any cogent evidence. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that on perusal of statement of the victim recorded under Section 183 B.N.S.S., prima facie, offence is made out against the applicant. Applicant is not named in the first information report. Victim in her statements supported the prosecution version and has made specific allegation against the applicant in regard to rape. It is not a case of false implication. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application is rejected. Order Date :- 3.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad