Allowed

Suresh v. State of U.P. and 3 Others

Allahabad HC11 Feb 2025NABAIL/592/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 67, Neutral Citation 2025:AHC:20018; CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 592 of 2025; applicant Suresh; opposite parties State of U.P. and 3 others; counsel Awadh Bihari Pandey (applicant), G.A. (State); Judge Vivek Varma; order dated 11.2.2025. Anticipatory bail under Section 482 B.N.S.S. in Case Crime No. 196 of 2024, Sections 115(2), 137

What did the court decide?

Anticipatory bail granted to applicant Suresh in Case Crime No. 196 of 2024 till submission of police report under Section 193(3) B.N.S.S., on personal bond of Rs. 50,000/- with two sureties each in t

Suresh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:20018

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Court No. - 67

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 592 of 2025

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Applicant :- Suresh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned A.G.A. submits that the notice of the instant application has been served upon the opposite party no.2/informant on 12.01.2025 and opposite party no.4 on 13.01.2025. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf.

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Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 196 of 2024, under Sections 115(2), 137(2), 87, 142, 351, 64(1) B.N.S. and 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Dannahar, District Mainpuri.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the statement of the victim under Sections 180 and 183 B.N.S.S., there are no allegations against the applicant. Further, there are contradictions in the statement of the victim under Sections 180 and 183 B.N.S.S. The said contradictions discredit the prosecution case. The applicant has no role in the alleged incident. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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

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Counsel for the applicant further submits that the application for

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grant of anticipatory bail be confined only till the submission of police report.

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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 and 183 B.N.S.S., there are no allegations against the applicant; there are contradictions in the statement of the victim under Sections 180 and 183 B.N.S.S. and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Suresh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(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 or to any police officer;

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(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 Police Commissioner concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall

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ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 11.2.2025 Manish Kr

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Suresh v. State of U.P. and 3 Others

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Suresh v. State of U.P. and 3 Others

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