Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 79146 (ALL)

BHASKAR v. STATE OF U.P. AND 3 OTHERS

NABAIL/5991/2025 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:137393 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5991 of 2025 Applicant :- Bhaskar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.,Raman Pandey Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed by learned counsel for the applicant annexing therein the certified copy of the F.I.R., today in the Court, is taken on record. 2. Heard learned counsel for the applicants, Sri Raman Pandey, learned counsel for the informant learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No.101 of 2025 under Sections 137(2), 87, 351(3) of B.N.S., Police Station Sonha, District Basti with the prayer that in the event of arrest, applicants may be released on bail. 4. Learned counsel for the applicant submits that the victim in her statement recorded under Section 183 B.N.S., has specifically stated that she loves with the applicant and wants to marry him. She has also stated that out of love and affection she has gone with the applicant out of her own free will and consent and that she is aged about 18 years, however her date of birth has been recorded on lessor side by one year by her parents. It is thus contended that the victim is a consenting party and that no offence is made out against the applicant. Learned counsel further argued that the applicant undertakes to marry the victim as has been averred in paragraph no. 14 of the affidavit accompanying the anticipatory bail application. Learned counsel further argued that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A.has opposed the application for anticipatory bail. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicants-Bhaskar involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial 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 the following conditions :- (i) the applicants shall make himself available for interrogation by a police officer as and when required; (ii) the applicants 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. Order Date :- 13.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad