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2025 DAILYLAW 43450 (ALL)

MAYA JAISWAL v. STATE OF U.P.

NABAIL/2963/2025 · 2025-07-28

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125673 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2963 of 2025 Applicant :- Maya Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Renu Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.198 of 2024, under sections 363, 368 I.P.C., P.S. Aims, District Gorakhpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the report of radiologist the victim is aged about 19 years. The victim and the co-accused Amit Jaiswal were in relationship. As per the statement of the victim under section 161 Cr.P.C., from Gorakhpur Station she went to Delhi by train. From Delhi along with the co-accused Amit she went to Bangaluru. At Bangaluru she stayed with the co- accused Amit for a period of one month and thereafter she went to Hyderabad. It is contended that the victim was present at public places but she did not raise any protest or alarm. There are contradictions in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. The said contradictions discredit the prosecution case. Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant is a lady and has no criminal antecedents. 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. 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 the victim was present at public places along with the co-accused Amit Jaiswal but she did not raise any protest or alarm, there are contradictions in the statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., at this stage, there is no substantive evidence to link the applicant with the offence, the fact that the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Maya Jaiswal, 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 herself available on each and every 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 she has passport, the same shall be deposited by her 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 :- 29.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad