DEEN MOHAMMAD @ DEENU AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
NABAIL/4506/2025 · 2025-07-20
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65949 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65949 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117850 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4506 of 2025 Applicant :- Deen Mohammad @ Deenu And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ali Safdar,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. As per office report dated 17.07.2025, notice of the present application has been served personally upon the informant- opposite party no.4. However, no one appears on her behalf nor any counter affidavit has been filed. 2. Heard learned counsel for the applicants and Mr. Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 324 of 2024, under Sections 78, 127(2), 115(2) BNS and Section 7/8 POCSO Act, Police Station Doghat, District Baghpat. 4. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. The applicants did not act inappropriately with the informant-victim. In the statement of the informant-victim under Section 180 BNSS, the applicants were not named. Further, in the statement of the informant-victim under Section 183 BNSS, there are no allegations of any indecent behaviour against them. 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 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants, in particular the fact, that in the statement of the informant-victim under Section 180 BNSS, the applicants were not named and in the statement of the informant-victim under Section 183 BNSS, there are no allegations of any indecent behaviour against them; 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 to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Deen Mohammad @ Deenu and Musa, 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 be deposited by them before the concerned court.
8. 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 :- 21.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad