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2025 DAILYLAW 67529 (ALL)

DHARMENDRA v. STATE OF U.P.

NABAIL/4733/2025 · 2025-08-04

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131875 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4733 of 2025 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri P.K. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Criminal Case No. 36169 of 2023 arising out of Case Crime No.952 of 2019, under sections 363, 366 I.P.C., P.S. Sadar Bazar, District Agra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant had married the victim. During the course of investigation, an Habeas Corpus Writ Petition No. 1226 of 2019 (Km. Rajani (Minor) vs. Senior Superintendent and 2 others) was filed. The court vide order dated 24.9.2020 directed the victim to be produced. The victim had made a statement in the court that she had married the applicant and wished to reside with him. The order dated 24.9.2020 is annexed as Annexure-3 to this application. It is next contended that after attaining the age of majority, the victim is living with the applicant. Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant came to know about the pending proceedings only in the month of June 2025, when the bailable warrant was issued against him. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he 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 and antecedents of the applicant and the fact that the victim had made a statement in the court that she had married the applicant and wished to reside with him, 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 Dharmendra, 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 himself 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 he has passport, the same shall be deposited by his 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 :- 5.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad