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Neutral Citation No. - 2025:AHC:122851 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2628 of 2025 Applicant :- Km. Kirti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.,Satendra Singh Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Satendra Singh, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 196 of 2024, under Sections 137(2), 87, 142 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station -Dannahar, District- Mainpuri, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the statement of the victim under Sections 180 B.N.S.S., there is no allegation against the applicant. Upon the victim going into the custody of her parents, she narrated a contrary version in her statement under Section 183 B.N.S.S. It is contended that the said statement has been made to aggravate the offence and save the failing prosecution case. The said inconsistencies in the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S. discredit the prosecution case. The applicant has no role in the alleged incident. It is next contended that identically placed co-accused Suresh has been granted anticipatory bail by this Court vide order dated 11.02.2025 passed in Criminal Misc. Anticipatory Bail Application No.592 of 2025. The applicant claims parity. The applicant is an unmarried lady and has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she 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, considering the nature of accusations, antecedents of the applicant, and the fact that in the
statement of the victim under Sections 180 B.N.S.S., there is no allegation against the applicant; there are inconsistencies in the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S.; identically placed co-accused Suresh has been granted anticipatory bail by this Court, 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 Km. Kirti, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting 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 from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S.
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 :- 25.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad