Praveen Yadav vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko and Another

Neutral Citation No. - 2025:AHC-LKO:19381

Court No. - 15

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 97 of 2025

Applicant :- Praveen Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko And Another Counsel for Applicant :- Lalit Kishore Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Lalit Kishore Tiwari, the learned counsel for the applicant as well as Sri Anshuman Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

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The informant and the prosecutrix have been produced by Sri Ram Babu Singh, Investigating Officer along with lady Constable Ms. Sapna Gupta from Police Station Mohanlalganj, District Lucknow.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 541/2024, under Sections 351(2), 352, 69 B.N.S. and 67 I.T. Act, Police Station Mohanlalganj, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.11.2024 stating that the applicant, who is pursuing BAMS course, called the informant under allurement of getting her admitted to some computer course and getting her employed. He kept her at his room for three days since 14.06.2024 and raped her under allurement of marrying her.

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It has been stated in the affidavit filed in support of the application that the applicant is a young man aged 25 years

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having no criminal history and he has been falsely implicated in the present case.

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In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated her earlier version.

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In the statement of the victim recorded under Section 183 B.N.S.S. also, she reiterated her earlier version. She stated her age to be 25 years.

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Print outs of WhatsApp communication between the informant and the applicant have been annexed with the bail application, which show that the informant was in a relationship with the applicant and she asked for money from the applicant on various occasions and the applicant used to transferred money to the informant through online mode.

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The applicant and the informant had appeared before this Court on 25.02.2025 and the informant had stated that she is aged 25 years, she has completed her Post Graduation and the applicant is pursuing second year of BAMS course. She stated that she was in a love affair with the applicant and the applicant was willing to marry her but thereafter he declined to marry her on some lame excuses. The applicant had stated that since he was pursuing second year of BAMS course, he would marry the informant after completion of his course.

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The applicant and the victim are present in person before the Court and the applicant has expressed willingness to marry the informant but the informant has categorically denied marrying the applicant.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a post graduate girl aged 25 years and she has made physical relations with the applicant allegedly on the basis of allurement made by the applicant for marrying her; although the applicant earlier

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stated that he would marry the informant after completion of his studies, later on he expressed willingness to marry the informant right away but the informant has herself declined to marry the applicant; from the material available before the Court at this stage, it cannot be said that since inception of the relationship intention of the applicant was to deceive the informant and not to marry her, coupled with the fact that the applicant is a young man having no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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In view of the above, the anticipatory bail application of the applicant is allowed . In the event of arrest/ appearance of applicant- Praveen Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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

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(ii) that 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 to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court'

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

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness.

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(Subhash Vidyarthi, J.)

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Order Date :- 7.4.2025 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Praveen Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko and Another

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Praveen Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko and Another

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