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2025 DAILYLAW 80403 (ALL)

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

NABAIL/6216/2025 · 2025-08-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136206 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6216 of 2025 Applicant :- Suraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. submits that notice of the instant application has been served upon the informant on 31.07.2025 and Child Welfare Committee, Agra on 05.08.2025. The receiving endorsements produced by the Sri Neeraj Kumar Sharma, learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard counsel for the applicant, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 456 of 2023, under sections 354D, 323, 504, 506 of I.P.C. and Sections 7/8 of POCSO Act, Police Station Khandauli, District- Agra. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case owing to certain other dispute between the parties. The applicant did not act inappropriately with the victim. At this stage, there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge sheet has been filed. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact at this stage, there is no substantive evidence against the applicant, the applicant had cooperated in the investigation and no custodial interrogation is required, 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 Suraj, 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 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. 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 :- 12.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad