Sarvajeet Singh v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7670 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.

¶1Sri Ashutosh Kumar Mishra, learned counsel has filed his vakalatnama on behalf of the victim today, which is taken on record.

¶2Heard Sri Vishveshwar Mani Tripathi, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record.

¶3The present application has been moved seeking anticipatory bail in Case Crime No. 225 of 2023, under Section 354 IPC and Section 9/10 POCSO Act, Police Station Sahjanwa, District Gorakhpur with the prayer that in the event of arrest, applicant may be released on bail.

¶4It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant. It is submitted that he has filed a first information report against unknown persons regarding kidnapping of his daughter (victim). It is submitted that subsequently she was recovered and she has made a statement that she left the house of first informant on her own will. It is submitted that a dispute existed between the applicant and his wife (mother of the victim) and later on the victim filed a false case against the applicant under Section 354 IPC and Section 9/10 POCSO Act. It is submitted that no offence in the aforesaid sections is made out. It was also submitted that applicant undertakes to co-operate during trial and he Versus Counsel for Applicant(s) : Vikas Yadav, Vishveshwar Mani Tripathi Counsel for Opposite Party(s) :

Sarvajeet Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

¶5Learned counsel appearing for the victim has not opposed the grant of anticipatory bail.

¶6On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect.

¶7I have considered the rival submissions made by learned counsel for the parties.

¶8As per first information report, there is allegation that the applicant indulged in outraging the modesty of the victim, who is his daughter and matrimonial dispute is said to have existed between the applicant and his wife (mother of the victim).

¶9It 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, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

¶10In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

¶11The anticipatory bail application is allowed.

¶12In the event of arrest of the applicant-Sarvajeet Singh involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 NABAIL No. 7670 of 2025 conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(ii) 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/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would cooperate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

¶13In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 8, 2025 Abhishek NABAIL No. 7670 of 2025 (Jitendra Kumar Sinha,J.) High Court of Judicature at Allahabad