CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No v. Eishan Mehta

Heard Shri Eishan Mehta, learned counsel for the applicants, Shri Manoj Gautam, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 147 of 2024, under Sections 354(D) of IPC and Sections 11/12 of the Protection of Children From Sexual Offences Act, 2012, Police Station Khoda Trans Hindon, District Ghaziabad, with the prayer that in the event of arrest, applicants may be released on bail.

At the very outset, learned AGA submits that the notice has already been served on the first informant of the case.

It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that the victim in her statement recorded under Section 161 Cr.P.C. has categorically stated that she did not recognize the boys, who have committed the said offence. It is further submitted that as per first information report, the allegation against the applicants are that the applicants have stalked the victim and outraged her modesty. It is further submitted that the applicants are having no criminal history. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

On the other hand, learned A.G.A. has opposed the application for anticipatory bail.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must 2 NABAIL No. 8840 of 2025 evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

In the event of arrest of the applicants - Salman and Arsh Urf Harsh involved in the aforesaid case crime shall be released on anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 30, 2025 RKM (Jitendra Kumar Sinha,J.)