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2025 DAILYLAW 87386 (ALL)

ABHINAV YADAV v. STATE OF U.P. AND 3 OTHERS

NABAIL/6810/2025 · 2025-08-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145648 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6810 of 2025 Applicant :- Abhinav Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajiv Kumar Singh,Shiv Veer Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant as well as Shri Chandan Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 0573 of 2024, under Sections 69, 351(2) B.N.S., Police Station Dadri, District Greator Noida (Commissionerate Gautam Buddha Nagar), with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that the allegation against the applicant is that he developed sexual relations with the prosecutrix on false promise of marriage. The victim in her statement recorded under Section 180 B.N.S.S. has stated that she had solemnized marriage twice and she had two children. Whatever relations were made between them that were consensual. Learned counsel further submits that after investigation police submitted charge sheet against the applicant, thereafter the applicant approached this Court for quashing of charge sheet which has been rejected. Learned counsel further submits that there is apprehension that applicant may be arrested in the above mentioned case whereas there is no credible evidence against him to connect with the crime, therefore, he may be enlarged on anticipatory bail. He undertakes to cooperate with the proceeding of trial. 4. Learned A.G.A. for the State has vehemently opposed the prayer for bail by contending that after due investigation the charge sheet has also been filed in the matter. The applicant has also approached this Court challenging the charge sheet which relief has been denied, therefore, there is no occasion to grant anticipatory bail to the applicant, thus, the present anticipatory bail application is liable to be rejected. 5. Considered the rival submissions advanced by the learned counsel for the parties. Since, charge sheet has already been filed in the matter, thus, prima facie there appears sufficient evidence against the applicant, therefore, no case for anticipatory bail is made out. 6. Accordingly, the instant anticipatory bail application is rejected. Order Date :- 22.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad