KARAN ALIAS CHHOTEY LALA v. STATE OF U.P. AND 3 OTHERS
NABAIL/6130/2025 · 2025-08-17
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80826 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:140747 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6130 of 2025 Applicant :- Karan Alias Chhotey Lala Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri P.K. Tripathi, 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- informant as well as upon the opposite party no. 4- Child Welfare Committee, Agra on 03.08.2025 and 04.08.2025 respectively. 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 P.K. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 317 of 2024, under Sections 74, 333, 115(2), 352, 351(2) B.N.S. and 7/8 POCSO Act, Police Station Etmadpur, District Agra. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant did not act inappropriately with the victim. The victim in her statement under Section 180 B.N.S.S. victim stated that the applicant used to abuse and threaten her. There is no allegation of sexual assault against the applicant. However, the victim in her statement under Section 183 B.N.S.S. stated an entirely different version. It is contended that the inconsistencies in the statements of the victim under Sections 180 and 183 B.N.S.S. discredit the prosecution case. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. 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 there are inconsistencies in the statements of the victim under Sections 180 and 183 B.N.S.S.; at this stage there is no substantive evidence to link the applicant with the offence; investigation has been completed; 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- Karan @ Chhotey Lala, 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 :- 18.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad