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2025 DAILYLAW 6972 (ALL)

ANKIT ALIAS ANKIT KUMAR v. STATE OF U.P.

BAIL/1200/2025 · 2025-03-17

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38403 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1200 of 2025 Applicant :- Ankit Alias Ankit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kunti Devi,Om Shiv,Yogendra Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ankit alias Ankit Kumar, seeking enlargement on bail in Case Crime No. 283 of 2024, under Sections 137(2), 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Gajner, District Kanpur Dehat. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 12.11.2024 has been lodged by the informant against the applicant with allegation that applicant had enticed away her daughter. Victim and applicant were in love and they used to talk each other for the last two years and she was also beaten by her family members due to this reason. As per version of the victim recorded u/s 180 and 183 of B.N.S. no offence under aforesaid sections is made out against the applicant. Victim is stated to be of 16 years of age as is reflected from her 180 B.N.S.S. statement, annexed as Annexure-4 to the bail application. She is mature enough to ascertain what is right or wrong for her. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ankit alias Ankit Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 18.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad