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. - 7604 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Copy of the statements of the victim under Sections 180 and 183 BNSS, produced by learned brief holder for the State, are taken on record. 2. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 191 of 2025, under Sections 87 B.N.S., Police Station Kiratpur, District Bijnor. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The victim in her statement recorded under Section 180 BNSS stated that her date of birth is 23.03.2007, she has left her house voluntarily and went to Haridwar. There is no allegation of abduction against the applicant. However, upon the victim going into the custody of her parents, an entirely different version has been narrated. It is contended that there are major inconsistencies in the statement of the victim under Sections 180 and 183 BNSS. The inconsistencies in the both statements discredits the prosecution case. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said Versus Counsel for Applicant(s) : Ram Charan Lal Counsel for Opposite Party(s) : G.A. Bhoore Alias Naipal .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
liberty. 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, in particular the fact that there are major inconsistencies in the statements of the victim under Sections 180 and 183 BNSS; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7.
In the event of arrest, the applicant Bhoore @ Naipal 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S.
NABAIL No. 7604 of 2025 2
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. September 17, 2025 Lbm/- NABAIL No. 7604 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad