Disposed

Shiva v. State of U.P.

Allahabad HC5 Aug 2025NABAIL/6281/2025

Case brief

AI extract

What is this about?

Anticipatory bail application in a kidnapping-related BNS case where the victim's statements under Sections 180 and 183 BNSS were inconsistent and no substantive evidence linked the applicant. Bail granted till submission of police report on conditions.

What did the court decide?

Anticipatory bail granted till submission of police report on personal bond of Rs.50,000 with two sureties, subject to conditions.

Shiva Vs State of U.P. — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:133072

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6281 of 2025

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Applicant :- Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Mishra,Shashank Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record.

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This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.26 of 2025, under sections 137(2), 87 of B.N.S., P.S. Malpura, District Agra.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim in her statement under Section 180 B.N.S.S. stated that she left her house voluntarily. There is no allegation against the applicant. Upon the victim going into the custody of her parents, she narrated a contrary version in her statement under Section 183 B.N.S.S. It is contended that the said statement has been made to aggravate the offence and save the failing prosecution case. There are major inconsistencies in the statements of the victim recorded under Section 180 B.N.S.S. and 183 B.N.S.S. The said contradiction discredits the prosecution case. At this stage, there is no credible evidence to link the applicant with the offence. 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. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that the victim in her statement under Section 180 B.N.S.S. stated that she left her house voluntarily, there is no allegation against the applicant, there are major inconsistencies in the statement of the victim recorded under Section 180 B.N.S.S. and 183 B.N.S.S., at this stage, there is no substantive evidence to link the applicant with the offence. 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 Shiva 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 S.S.P./S.P. 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 ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 6.8.2025 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Shiva v. State of U.P.

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Shiva v. State of U.P.

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