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2025 DAILYLAW 69162 (ALL)

AJAY v. STATE OF U.P.

NABAIL/5135/2025 · 2025-07-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106725 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5135 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki,Samrat Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session No. 270 of 2020 arising out of Case Crime No. 522 of 2019, under section 366 I.P.C., Police Station- Sasni Gate, District- Aligarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 164 Cr.P.C. has stated that she is aged 18 years. Earlier, she wanted to marry the applicant but now she does not want to marry him. It is contended that the applicant and victim were in consensual relationship. At this stage, there is no credible evidence to link the applicant with the offence. During the course of investigation, the applicant was granted protection till submission of police report by this Court vide order dated 24.02.2020 passed in Criminal Misc. Writ Petition No. 2267 of 2020 (Ajay and 3 others vs. State of U.P.). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that during the course of investigation, the applicant was granted protection till submission of police report, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, 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. 6. In the event of arrest, the applicant Ajay, 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 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 him 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 :- 8.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad