Ankush Singh ( in Fir Ankush Kumar Singh ) vs State of U.P. Thru. Prin. Secy. Home and 3 Others

Case called out. Learned counsel for the applicant as well as learned A.G.A. for the State are present. Although name of Ms. Sangeeta Singh, Advocate is printed in the cause list, but when the case is taken up no one appeared to oppose the anticipatory bail. This Court on 18.02.2026 observed that "It is made clear that on the next dates of listing, the case would not be adjourned on any ground including the illness and an appropriate order would be passed in the first call including an order adversarial to the opposite party no.2”. In these circumstances, the Court proceeded to decide the case finally.

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Heard the learned counsel for the applicant, the learned AGA for the State of U.P. and perused the material placed on record.

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The present application has been filed seeking anticipatory bail apprehending arrest in FIR No.427 of 2025, under Section 115(2), 74, 333, 351(3), 65(2) BNS & Section 5M/6 of POCSO Act, Police Station Kadipur, District Sultanpur.

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Vide order dated 19.11.2025, this Court had protected the interest of the applicant. The order dated 19.11.2025 referred, reads as under:-

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“ 1. Heard learned counsel for the applicant; learned AGA for the State and perused the records.

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NABAIL No. 1721 of 2025

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2

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2. The present application has been filed seeking anticipatory bail apprehending arrest in FIR No.427 of 2025, under Section 115(2), 74, 333, 351(3), 65(2) BNS & Section 5M/6 of POCSO Act, Police Station Kadipur, District Sultanpur.

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3. In terms of the FIR, allegations were levelled that daughter of the informant was misbehaved with by the applicant and when she resisted, she was beaten up; no allegation of rape was levelled. In the statement under Section 180 BNSS as shown by learned AGA, similar version was reiterated, however, in the statement under Section 183 BNSS, the victim reiterated that hand was also inserted in the innerwear of the victim.

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4. Learned counsel for the applicant states that in between the parties, earlier also complaints were made.

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5. Considering the nature of the disputes and the fact that the FIR has been lodged after two days of the earlier incident, prima-facie, the statement under Section 183 BNSS appears to be improbable, as such, a case for interim anticipatory bail is made out.

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6. In the event of arrest, let the applicant Ankush Singh be released on interim anticipatory bail till the next date of listing in aforesaid FIR number on his furnishing a personal bond of Rs.5,000/- to the satisfaction of Station House Officer concerned with the following conditions:

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(a) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with the investigation;

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(b) The applicant shall not leave India without previous permission of the Court;

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(c) 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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7. Issue notice to respondent no.2.

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8. Steps be taken within two weeks.

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9. List this case after six weeks.”

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The learned counsel appearing for the prosecution could not demonstrate from the record that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after considering the merits of the case. The learned counsel for the prosecution also could not point out any fact based upon which it can be inferred that the applicant has not cooperated with the investigation proceedings or otherwise any glaring fact which can

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NABAIL No. 1721 of 2025

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3

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adversely affect the merit of the case.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant- Ankush Singh till disposal of the trial subject to the following conditions:-

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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/ her 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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In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

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(Saurabh Lavania,J.)

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March 10, 2026

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Arti/-

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Ankush Singh ( in Fir Ankush Kumar Singh ) v. State of U.P. Thru. Prin. Secy. Home and 3 Others

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Ankush Singh ( in Fir Ankush Kumar Singh ) v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

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