Sanjeet Kumar vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Sanjeet Kumar vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted in the event of arrest, during pendency of trial, in Case Crime No. 0481 of 2024 (Section 64 of B.N.S.), 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 conditions: (i) co-operation with and reporting to the Investigating Officer as required; (ii) no inducement, threat or promise to any person acquainted with the facts; (iii) not leaving the country during the currency of trial without prior permission of the concerned trial Court; (iv) surrender of passport, if any, to the concerned Court forthwith, to remain in its custody; (v) undertaking not to seek adjournment on dates fixed for evidence while witnesses are present; and (vi) remaining present in person before the trial court at opening of the case, framing of charge and recording of statement under Section 351 B.N.S.S. In default of any condition, the court concerned may pass appropriate enforcing orders. The application stands disposed of.

Issue for consideration

Whether the applicant, Sanjeet Kumar, who claims a consensual relationship with the victim, no allegation of forcible sexual assault in her statements under Sections 180 and 183 B.N.S.S., no criminal antecedents and apprehension of arrest, is entitled to anticipatory bail in Case Crime No. 0481 of 2024 under Section 64 of B.N.S. (added during investigation), Police Station Sector 39, Noida, District Gautam Budh Nagar.

Court's answer

Having regard to the submissions, the nature of accusations, the antecedents of the applicant, the absence of any allegation of forcible sexual assault against the applicant in the victim's statements under Sections 180 and 183 B.N.S.S., and the fact that the applicant had earlier been granted bail by the Sessions Court vide order dated 06.09.2024 under Sections 75, 115(2), 352, 351(2) of B.N.S. and Section 67 of I.T. Act, the Court, without commenting on merits, held the applicant entitled to be enlarged on anticipatory bail; the learned A.G.A. could not satisfactorily dispute the submissions from the record.

Ratio / Principle

In the event of arrest, the applicant is to 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 six enumerated conditions (co-operation with and reporting to the Investigating Officer; no inducement, threat or promise; not leaving the country during the currency of trial without prior permission; surrender of passport to the concerned Court; undertaking not to seek adjournments when witnesses are present; personal presence at opening of the case, framing of charge and recording of statement under Section 351 B.N.S.S.), with liberty to the court concerned to enforce in default.

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.) — Anticipatory Bail Application U/S 482 BNSS No. 448 of 2025 (Order dated 22.01.2025): Anticipatory bail granted to Sanjeet Kumar in Case Crime No. 0481 of 2024, Police Station Sector 39, Noida, District Gautam Budh Nagar, under Section 64 of B.N.S., a section added during investigation after the Sessions Court had already granted the applicant bail vide order dated 06.09.2024 under Sections 75, 115(2), 352, 351(2) of B.N.S. and Section 67 of I.T. Act. Considering counsel's submissions — that the applicant and the victim were in a consensual relationship, that the victim's statements under Sections 180 B.N.S.S. and 183 B.N.S.S. contained no allegation of forcible sexual assault, that the applicant had no criminal antecedents and that the investigation was still pending — and noting that the learned A.G.A., while opposing the prayer, could not satisfactorily dispute these submissions from the record, the Judge, without commenting on merits, found the applicant entitled to be enlarged on anticipatory bail: on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions including co-operation with the Investigating Officer, no inducement or threat to witnesses, no departure from the country without prior permission, surrender of passport, an undertaking against adjournments when witnesses attend, and personal presence before the trial court at opening of the case, framing of charge and recording of statement under Section 351 B.N.S.S.

Neutral Citation No. - 2025:AHC:10764

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 448 of 2025

Applicant :- Sanjeet Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Avnish Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record.

The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0481 of 2024, under Section 64 of B.N.S., Police StationSector 39, Noida, District- Gautam Budh Nagar.

Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the victim were in consensual relationship. In the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S., there is no allegation of forcible sexual assault against the applicant. It is next contended that earlier the applicant was granted bail by the concerned Session Court after perusal of the statements of the victim vide order dated 06.09.2024 under Sections 75, 115(2), 352, 351(2) of B.N.S. and Section 67 of I.T. Act. During the course of investigation, Section 64 of B.N.S. was added by the Investigating Officer. The applicant seeks bail in the added section. He further submits that for the reasons stated in the order dated 06.09.2024, the applicant is entitled to be enlarged on bail in the added section as well. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that in the statement of the victim under Sections 180 B.N.S,S, and 183 B.N.S.S., there is no allegation of

forcible sexual assault against the applicant, the fact that earlier the applicant was granted bail by the concerned Session Court vide order dated 06.09.2024 under Sections 75, 115(2), 352, 351(2) of B.N.S. and Section 67 of I.T. Act, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

In the event of arrest, the applicant Sanjeet Kumar , 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 them 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 he 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 of B.N.S.S.

In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

The application stands disposed of.

Order Date :- 22.1.2025 Sachin Mishra

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad