Abhishek Kumar Sharma Vs State of U.P. Thru. Prin. Secy. Home and Another

Neutral Citation No. - 2025:AHC-LKO:28961

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 379 of 2025

Applicant :- Abhishek Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Lalu Prasad Bhatt,Rashmi Srivastava,Sachin Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned A.G.A. for opposite party.

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As per office report dated 25th April, 2025, notice has been served upon opposite party No.2 who has not put in appearance.

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Earlier vide order dated 10th April, 2025 interim anticipatory bail had been granted to the applicant, which is as follows:-

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"1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State.

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2. Issue notice to opposite party no. 2.

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3. This first anticipatory bail applicant ion has been filed with regard to Case Crime No. 48 of 2024 under Sections 363 and 366 IPC, Police Station Paliya District Lakhimpur Kheri.

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4. As per contents of First Information Report, applicant alongwith co-accused allegedly enticed away minor daughter of informant.

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5. It has been submitted that applicant has been falsely implicated in the charges levelled against him and that the statement of victim recorded under Sections 161 and 164 Cr.P.C. clearly is contradictory to the allegations levelled in the FIR inasmuch as the victim has clearly indicated that she is major and has left her house voluntarily. It is submitted that applicant does not have any previous criminal history.

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6. Learned AGA has opposed the anticipatory bail application but does not dispute the aforesaid aspects.

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7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the victim has not supported version indicated in the FIR and clearly indicates that he has left her house with the applicant of her own volition. She has also indicated that she is major. It is admitted that there is no previous criminal history of the applicant.

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8.Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Abhishek Kumar

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Sharma shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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9. List this case on 28.04.2025 in the top ten cases alongwith service report.

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10. Objections may be filed in the meantime. "

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Learned A.G.A. submits that charge sheet had earlier been filed on 29th July, 2024. From a perusal of counter affidavit, it does not appear that there is any situational change from the date when anticipatory bail was granted to the applicant.

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In view thereof, interim anticipatory bail granted earlier to the applicant vide order dated 10th April, 2025 is hereby made absolute.

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In view of the above, it is provided that in the event of arrest, the applicant- Abhishek Kumar Sharma shall be released on anticipatory bail in case crime No. 48 of 2024 under Sections 363, 366 IPC, P.S. Paliya, District Lakhimpur Kheri on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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The application stands allowed.

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Order Date :- 16.5.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Kumar Sharma v. State of U.P. Thru. Prin. Secy. Home and Another

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