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2025 DAILYLAW 98040 (ALL)

ASHOK KUMAR ALIAS BOBBY v. STATE OF U.P. AND ANOTHER

NABAIL/7691/2025 · 2025-09-24

Vivek Varma

body2025

Judgment text

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. - 7691 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 360 of 2007, under sections 363, 366, 504, 506 of I.P.C., Police Station- Babugarh, District- Hapur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim is a major girl. After investigation, charge-sheet was submitted against the applicant. The applicant and the victim filed an application under Section 482 Cr.P.C. challenging the proceedings of the aforementioned case. The victim also appeared before the Court on 08.08.2008 and made a statement that she has married the applicant and was never abducted or kidnapped. Pursuant, thereto, the proceedings of the aforementioned case was stayed. The said application was dismissed for want of prosecution on 15.12.2021. Consequently, the applicant has again been summoned by the concerned court. The applicant came to know about the pending proceedings only in the month of July, 2024. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Ashish Pandey, Nikil Pathak Counsel for Opposite Party(s) : G.A. Ashok Kumar Alias Bobby .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant and the victim filed an application under Section 482 Cr.P.C. challenging the proceedings of the aforementioned case and the victim appeared before the Court on 08.08.2008 and made a statement that she has married the applicant and was never abducted or kidnapped; further, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicant Ashok Kumar Alias Bobby, 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 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 25, 2025 Sachin Mishra NABAIL No. 7691 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad