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2026 DAILYLAW 6225 (ALL)

ASHOK KUMAR v. STATE OF U.P. AND 3 OTHERS

NABAIL/8912/2026 · 2026-09-08

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8912 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Session Case No.527 of 2026 (State vs. Bindu and others) arising out of Case Crime No. 177 of 2026, under Sections 137(2), 143(4), 61(2), 64(2)(m), and 99 of the B.N.S., 2023, and Sections 16/17 of the Protection of Children from Sexual Offences Act, Police Station – Robertsganj, District Sonbhadra, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. The Learned counsel for the applicant has contended that the F.I.R. was lodged under some misunderstanding. The co-accused Shiv Singh alias Ramlal, Bindu, Rahul Kumar and Soni have been granted regular bail by this Court in Bail Application No. 21492 of 2026, 21900 of 2026, 24326 of 2026 and 21127 of 2026. The Learned counsel has contended that the accused Rahul Kumar and the victim have married and are both living as husband and wife. This fact has been considered by the High Court while granting bail to the co-accused in paragraph no. 9. The applicant has a criminal history of one other case but he is not a previous convict. 4. Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the co-accused Rahul Kumar and the victim have married and are living as husband and wife. Versus Counsel for Applicant(s) : Bindu Kumari Counsel for Opposite Party(s) : G.A. Ashok Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. I have considered the submissions made by the learned counsel for the parties. 6. The applicant is not a previous convict and has a criminal history of only one other case. In the prima facie opinion of the Court, there is least likelihood of the applicant repeating the offence. In the order passed in Criminal Misc. Bail Application No. 21127 of 2026 and other connected bail applications, this Court in paragraph no. 9, recorded the contention of the Learned counsel for the informant as under: "Per contra, learned counsel for the first informant did not oppose the bail application of Rahul Kumar as he has married the victim and both of them are living as husband and wife." Even today, despite service of notice on 26.08.2026, no one has appeared to oppose this application. 7. In the facts and circumstances of the case especially taking note of the fact that the victim and the primary accused Rahul Kumar are stated to have married with each other and are residing as husband and wife, I deem it appropriate to grant anticipatory bail to the applicant. 8. The anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Ashok Kumar, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court 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 him 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; iv. The applicant shall not pressurize/intimidate the prosecution witness; NABAIL No. 8912 of 2026 2 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 9, 2026 Kushal NABAIL No. 8912 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad