Udayveer Singh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Udayveer Singh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of attendance on all dates fixed, abstention from inducement/threat/promise dissuading disclosure of facts, and no departure from India without previous permission with deposit of any passport before the concerned court; default of any condition empowers the court concerned to enforce compliance. The application stands disposed of.

Issue for consideration

Whether the applicant, Udayveer Singh — summoned after charge-sheet filing in Case Crime No.322 of 2024 (section 69 B.N.S., P.S. Afzalgarh, District Bijnor) and apprehending arrest in that case — is entitled to be enlarged on anticipatory bail under section 482 B.N.S.S. +1 more

Court's answer

No custodial interrogation of the applicant is required.

Ratio / Principle

Weighing the submissions of counsel for the applicant and considering, in particular, the fact that the applicant and the victim were in consensual relationship for four years, the Court holds that the consensual sexual relationship, having continued between the parties for quite a long time, could not be said to have continued under the 'misconception of fact' under Section 28 of BNS and could not be said to be 'sexual intercourse by employing deceitful means' under Section 69 of BNS.

Key takeaways

Without commenting on the merits of the case, the applicant is entitled to be enlarged on anticipatory bail.ratio¶11
In the event of arrest, the applicant shall 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, subject to the conditions that he (i) make himself available on each and every date fixed by the court concerned, (ii) not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure of such facts to the Court, and (iii) not leave India without previous permission of the Court, depositing any passport he holds before the concerned court.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail granted. Application under section 482 B.N.S.S. (High Court of Judicature at Allahabad; Hon'ble Vivek Varma, J.; order dated 24.1.2025; Neutral Citation 2025:AHC:12805) filed by Udayveer Singh, who has been summoned after charge-sheet filing in Case Crime No.322 of 2024, under section 69 B.N.S., P.S. Afzalgarh, District Bijnor. Counsel contended false implication, a four-year consensual relationship with the informant/victim, interim protection earlier granted till submission of the police report (order dated 11.11.2024 passed in Criminal Misc. Writ Petition No. 19561 of 2024 (Udayveer Singh vs. State of U.P. and 2 others)), absence of criminal antecedents and apprehension of arrest; the learned A.G.A. opposed but could not satisfactorily dispute these submissions. The Court held that a consensual sexual relationship continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 28 of BNS and could not be said to be 'sexual intercourse by employing deceitful means' under Section 69 of BNS, that no custoidal interrogation was required, and — without commenting on merits — directed release on anticipatory bail during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to attendance, non-interference and travel/passport conditions, default whereof enables the court concerned to compel compliance; application disposed of.