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Neutral Citation No. - 2025:AHC:115863 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5452 of 2025 Applicant :- Aakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Priyanka Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned A.G.A. on the basis of instructions submits that notice of the instant application has been served upon the opposite party no. 2- complainant and the Child Welfare Committee, Bulandshahr- opposite party no. 4 on 03.07.2025. The receiving endorsement as produced by the learned A.G.A. is taken on record. However, no one appears on behalf of the opposite party nos. 2 and 4 nor any counter affidavit has been filed on their behalf. 2. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Complaint Case No. 128 of 2024, under Sections 74, 351(2) B.N.S. and 7 & 8 POCSO Act, Police Station Jahangirpur, District Bulandshahr. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the complainant belong to the same family. A prior dispute exists between the parties. On 26.11.2024 the brother of the applicant lodged a complaint against the husband of the complainant at IGRS Portal. Pursuant thereto, a report was submitted on 11.12.2024 and proceedings under Section 126B BNSS were initiated. In counterblast to the said proceedings, the present prosecution has been instituted. The applicant did not act inappropriately with the victim. At this stage there is no credible evidence to link the applicant with the offence. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. 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 applicant and, in particular, the fact that a prior dispute exists between the parties; and, at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Aakash, 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 him before the concerned court.
8. Further, 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 :- 17.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad