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Neutral Citation No. - 2025:AHC:24242 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 265 of 2025 Applicant :- Arjun Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.,Nisha Chouhan,Shailendra Singh Rathore Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Ms. Nisha Chouhan, learned counsel for the informant, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 196 of 2024, under sections 115(2), 137(2), 87, 142, 351, 64(1) B.N.S. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Dannahar, District- Mainpuri, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statement recorded under section 180 B.N.S. stated that she had gone with the co-accused Gautam voluntarily to Jaipur. She had married the co-accused Gautam. There is no allegation against the applicant. Upon the victim going into the custody of her parents, a contradictory version has been narrated. In the said statement also, there is no allegation of sexual assault against the applicant. It is further contended that the co-accused, Suresh has been granted anticipatory bail by this Court vide order dated 11.02.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 592 of 2025 (Suresh Vs. State of U.P. and 3 Others). The applicant claims parity. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7.
Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that in the statement of the victim under Sections 180 and 183 B.N.S.S., there are no allegations of sexual assault against the applicant; there are contradictions in the statement of the victim under Sections 180 and 183 B.N.S.S., the co-accused, Suresh has been granted anticipatory bail by this Court and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Arjun be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 Police Commissioner concerned.
9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
12. The application stands disposed of.
Order Date :- 19.2.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad