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2025 DAILYLAW 9176 (ALL)

GHANENDRA PRATAP SINGH v. STATE OF U.P. AND 3 OTHERS

NABAIL/527/2025 · 2025-02-05

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17130 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 527 of 2025 Applicant :- Ghanendra Pratap Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. on the basis of instructions submits that notice of the instant application has been served upon the informant- opposite party no. 2 on 19.01.2025 and upon the Child Welfare Committee, Aligarh- opposite party no. 3 on 20.01.2025. The copies of the receiving endorsements as produced by learned A.G.A. are taken on record. However, no one appears on behalf of opposite party nos. 2 and 3 nor any counter affidavit has been filed on their behalf. 2. Copy of the statements of the victim under Sections 180 and 183 B.N.S.S. as well as medical report of the victim dated 26.10.2024 produced by learned A.G.A. are taken on record. 3. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party no. 1, and perused the material placed on record. 4. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 266 of 2024, under Sections 74, 64, 127(2) B.N.S. and 3/4 Protection of Children from Sexual Offences Act, Police Station Barla, District Aligarh. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. There are contradictions in the statements of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S. The victim in her statement to the doctor has stated that she had gone voluntarily to the house of the applicant and the applicant did not act indecently with her. It is next contended that exaggerated version has been narrated in the statement of the victim under Section 183 B.N.S.S. to aggravate the offence and to save the falling prosecution case. The investigation is pending. The applicant is a student of B.Sc. and has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there are contradictions in the statements of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S. and the victim in her statement to the doctor has stated that she had gone voluntarily to the house of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 9. In the event of arrest, the applicant- Ghanendra Pratap Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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 with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 10. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 11. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 12. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 13. The application stands disposed of. Order Date :- 6.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad