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2025 DAILYLAW 50743 (ALL)

ASHISH SAINI v. STATE OF U.P. AND 3 OTHERS

NABAIL/3408/2025 · 2025-05-12

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78384 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3408 of 2025 Applicant :- Ashish Saini Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,Rahul Singh Dahiya Hon'ble Vivek Varma,J. 1. Copy of statement of the victim under Section 183 BNSS produced by learned A.G.A. is taken on record. Supplementary affidavit filed by learned counsel for the applicant is also taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and Sri Rahul Singh Dahiya, learned counsel for the informant, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 197 of 2025, under Sections 137(2) B.N.S. and 16/17 POCSO Act, Police Station Sikandarabad, District Bulandshahar. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statement under Sections 180 and 183 BNSS has not levelled any allegation against the applicant. The victim stated that she had left her house voluntarily. There is no allegation of abduction or sexual assault against the applicant. At this stage there is no credible evidence to establish that the applicant abetted in the commission of offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, and, in particular, the fact that the victim in her statement under Sections 180 and 183 BNSS has not levelled any allegation against the applicant; the victim stated that she had left her house voluntarily; and, at this stage there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. 7. In the event of arrest, the applicant- Ashish Saini, 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 them 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 his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court; (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court; and, (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 313 of Cr.P.C. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 13.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad