Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6603 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Learned A.G.A. on the basis of instructions submits that notice of the present application has been served upon the informant- opposite party no. 2 and the Child Welfare Committee, Baghpat- opposite party no. 3 on
14.08.2025. The receiving endorsements as produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the opposite party nos. 2 and 3 nor any counter affidavit has been filed on their behalf. 2. Heard learned counsel for the applicants and Sri Shashank Shekhar Pandey, 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. 147 of 2025, under Sections 74, 191(2), 115(2), 117(2) B.N.S. and 11/12 POCSO Act, Police Station Khekda, District Baghpat. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The victim in her statement under Section 180 B.N.S.S. stated that she is aged 18 years. Her father, uncle and other family members had a quarrel with her neighbour Gufran and others. No one acted indecently with her. However, the victim in her statement under Section 183 B.N.S.S. narrated an entirely different version. It is contended that the said statement has been made to aggravate the offence and to save the failing prosecution case. Further, in the alleged incident the injuries received by three persons were found simple in nature. Vague and general allegations have been levelled against the applicants. At this stage Versus Counsel for Applicant(s) : Pavan Kumar Mishra Counsel for Opposite Party(s) : G.A. Ashif And 2 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
there is no credible evidence to link the applicants with the offence. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have no criminal antecedents. The applicants have apprehension of their 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 applicants and, in particular, the facts that the victim stated that she is aged 18 years, her father, uncle and other family members had a quarrel with her neighbour Gufran and others, no one acted indecently with her; however, the victim in her statement under Section 183 B.N.S.S. narrated an entirely different version; in the alleged incident the injuries received by three persons were found simple in nature; vague and general allegations have been levelled against the applicants; at this stage there is no substantive evidence to link the applicants with the offence; investigation has been completed; the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants- Ashif, Suaib and Gufran, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court. NABAIL No. 6603 of 2025 2
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.
September 1, 2025 SKT/- NABAIL No. 6603 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad