CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S v. State Of U.P. Thru. Prin. Secy. Home

Heard Shri Niyaj Ahmad, Learned Counsel for the applicant, and Shri Angad Kumar Vishwakarma, Learned Addl. Government Advocate, for the state.

The applicant has filed this application anticipatory seeking bail in F.I.R./Case Crime No. 124 of 2025 under Sections 75(3), 78(2), 352, 351(3), B.N.S. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, P.S. Kotwali Tanda, District Ambedkar Nagar.

The aforesaid case has been registered on the basis of an FIR lodged on 29/04/2025, stating that the applicant was harassing the informant's minor daughter, who was studying in class 12.

In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man, aged 22 years, having no criminal history, and he has been falsely implicated in the present case. Copies of numerous WhatsApp messages sent by the alleged victim to the applicant have also been annexed with the affidavit, wherein the alleged victim is expressing her immense love towards the applicant and is 2 asking him to meet her. NABAIL No. 1085 of 2025

Learned AGA has opposed the bail application on the basis of written instructions provided to him, and he has stated that information regarding the present applicant had been given to the complainant/victim on 07/08/2025. He has produced a copy of the relevant extract of the case diary for the court's perusal.

In the statement of the victim recorded under Section 180 BNS, she has supported the FIR version, and in her statement recorded under Section 183 BNS, she stated that the applicant stalks her while she is going to and coming back from school, and that he had threatened to throw acid on her. He also submitted that a sheet has been filed on 26/06/2025.

Having considered the aforementioned facts and circumstances of the case and keeping in view the WhatsApp messages sent by the alleged victim to the informant, which show that the victim was in an affectionate relationship with the applicant; that the applicant is a young man of 22 years having no criminal history; that the statement of the informant recorded before the magistrate is at variance with her previous statement; and that the investigation already stands concluded, I am of the view that the applicant is entitled to be granted anticipatory bail.

Accordingly, this anticipatory bail application stands allowed.

In the event of arrest/appearance of applicant- Mohd. Saleheen before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a 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: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; 3 NABAIL No. 1085 of 2025 (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. August 26, 2025 A.Nigam (Subhash Vidyarthi,J.) ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench