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2025 DAILYLAW 55106 (ALL)

AMIT AND 2 OTHERS v. STATE OF U.P.

NABAIL/3620/2025 · 2025-09-24

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3620 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants, Sri Jitendra Srivastava, counsel for the informant as well as Sri P.K.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 Crime No. 140 of 2011, under Sections 363, 366 IPC, Police Station Meerapur, District Muzaffar Nagar. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. The victim is a major girl. The victim in her statement under Section 164 Cr.P.C. stated that she has married the co-accused Deepak. At the time of marriage her in-laws were present. There are no allegations of kidnapping or abduction against the applicants. It is next contended that the co-accused Deepak and victim are living together as husband and wife having three children. At this stage there is no credible evidence to link the applicants with the offence. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No Versus Counsel for Applicant(s) : Satyendra Kumar Singh Counsel for Opposite Party(s) : Asheesh Kumar Tiwari, G.A., Jitendra Srivastava Amit And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Learned A.G.A. and the counsel for the informant have 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 and antecedents of the applicants, in particular the fact, that the victim in her statement under Section 164 Cr.P.C. stated that she has married the co-accused Deepak; there are no allegations of kidnapping or abduction against the applicants; at this stage there is no substantive evidence to link the applicants with the offence; charge sheet has been submitted, the applicants 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 applicants are entitled for anticipatory bail. 6. In the event of arrest, the applicants Amit, Smt. Dulari and Jai Prakash 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport the same shall NABAIL No. 3620 of 2025 2 be deposited by them 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. September 25, 2025 Lbm/- NABAIL No. 3620 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad