Allahabad High Court
Pintu Yadav @ Mitrasen Yadav vs The State Of U.P. Thru. The Addl. Chief ... on 3 June, 2025
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34601 Court No. - 4 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 614 of 2025 Applicant :- Pintu Yadav @ Mitrasen Yadav Opposite Party :- The State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Amjad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The instant application has been filed seeking anticipatory bail in Case Crime No. 232 of 2024, under Sections 137 (2), 74(4), 352, 351(3), 70(2) of B.N.S. relating to police station Sammanpur, District Ambedkar Nagar.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.11.2024 against four persons, including the applicant, stating that the co-accused Golu had taken away the informant's 13 years old daughter at about 05:30 PM on 03.11.2024 on the pretext of dropping her to her home on his motorcycle but on the way he molested her. When the informant telephonically enquired about the incident from co-accused Golu, he came to the informant's house alongwith the other co-accused persons and abused and threatened them.
4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the F.I.R. version.
5. The victim declined to undergo internal medico-legal examination and the external examination revealed no mark of injury or sign of use of force. As per radio-logical examination report, age of the victim is about 14-15 years.
6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that Golu and the applicant both had forcibly taken her on a motorcycle to some room at Tanda and both of them had raped her. Thereafter, the other co-accused persons came and they also raped her.
7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
8. Learned counsel for the applicant has submitted that the applicant is seeking parity with the co-accused namely Ankur Yadav, who has been granted anticipatory bail by this Court by means of the order dated 09.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/s. 482 BNSS No.435 of 2025. Copy of the aforesaid anticipatory bail application is brought on record as Annexure No.7.
9. The submission is that the applicant is ready to follow the conditions as prescribed under the law. It is also submitted that the charge-sheet has been filed and there is no chance of tampering with the evidence or influence any witness. It is urged that applicant has no criminal history. In these facts and circumstances, it is prayed that the applicant may also be provided the benefit of anticipatory bail.
10 Learned counsel for the respondent has opposed the prayer for anticipatory bail, however, could not dispute the aforesaid facts.
11. Having considered the submissions and considering the facts and circumstances including the nature and gravity of the accusation, the antecedents of the applicant including that he has no criminal history and no apprehension has been expressed that the applicant is at flight risk, hence, this Court is of the opinion that the applicant can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.
12. In the event of arrest of the applicant-Pintu Yadav @ Mitrasen Yadavinvolved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court Concerned, with the conditions:-
(a) that the applicant shall make himself available for interrogation by the police officer as and when required;
(b) 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;
(c) that the applicant shall not tamper with the evidence during the trial;
(d) that the applicant shall not pressurize/ intimidate the prosecution witness;
(e) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 3.6.2025 Asheesh/-