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2025 DAILYLAW 76132 (ALL)

TANU ALIAS ANANYA v. STATE OF U.P. AND 3 OTHERS

BAIL/25202/2025 · 2025-10-06

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25202 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Counter affidavit filed by learned A.G.A. for the State, today in the Court, which is taken on record. Heard Shri Neelabh Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-opposite party and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Tanu @ Ananya, seeking enlargement on bail in Case Crime No. 132 of 2025, under Sections 3/4/5 of Immoral Traffic Act (Prevention) Act, 1956 & Sections 16/17 of the Protection of Children From Sexual Offences Act, 2012, Police Station Naini, District Prayagraj. 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 18.03.2025. 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. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Applicant is not arrested from the spot. There is no independent witness of the alleged incident. He further submits that co-accused Anchal and Audyogik have already been enlarged on bail by this Court on 29.05.2025 in Criminal Misc. Bail Application No. Versus Counsel for Applicant(s) : Ashish Kumar Patel, Ashok Kumar Patel, Neelabh Srivastava Counsel for Opposite Party(s) : G.A. Tanu Alias Ananya .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 14836 of 2025. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents and co-accused have already been released on bail. Hence, he is not entitled for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Tanu @ Ananya, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 7, 2025 Vibha Singh BAIL No. 25202 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad