Shiv Kumar @ Vinay vs State Of U.P. Thru. Prin. Secy. Home ...

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1779 of 2025

Shiv Kumar @ Vinay

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. And Another

.....Opposite Party(s)

Counsel for Applicant(s)

:

Arvind Kumar Verma

Counsel for Opposite Party(s)

:

G.A., Kaushal Kishor, Syed Wajahat Ali @ Vijahat Ali

Court No. - 13

HON'BLE MANISH KUMAR, J.

1. The case has been called in the revised list.

2. Neither learned counsels for the respondent no. 2 are present nor any request has been made on their behalf for adjournment of this case.

3. The present anticipatory bail application under Section 438 Cr.P.C./ 482 BNSS has been filed by the accused-applicant who is apprehending his arrest in connection with Case Crime No. 397 of 2025, under Sections 69, 351(3) of BNS, 2023 (old Section 506 IPC), Police Station Mallawan, District Hardoi.

4. Learned counsel for the applicant has submitted that this Court had granted ad-interim anticipatory bail by passing order dated 26.11.2025. For convenience, the order is quoted hereinbelow:-

"1. Supplementary affidavit filed today in Court is taken on record.

2. Learned counsel for the applicant is permitted to correct the typographical error in the array of parties during the course of the day.

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

4. The present application has been filed seeking anticipatory bail apprehending arrest in FIR No.397 of 2025, under Section 69, 351(3) BNS, Police Station Mallawan, District Hardoi.

5. FIR in question was lodged alleging that the applicant was forming physical relations for the last eight years on the false pretext of marriage. Tentative age of the victim is around 30 years.

6. Considering the fact that the relationship continued for a substantial long time, the applicant is entitled to the benefit of interim anticipatory bail.

7. In the event of arrest, let the applicant Shiv Kumar @ Vinay 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:

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

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

(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.

8. Issue notice to respondent no.2.

9. Steps be taken within two weeks.

10. List after six weeks. "

5. Learned AGA on the basis of instruction received has submitted that the relationship is of eight years and the age of the alleged victim is around 30 years. There is nothing new brought in the instructions to oppose the anticipatory bail to controvert the grounds mentioned above on the basis of which, ad-interim bail was granted by this Court.

6. In the counter affidavit filed by the respondent no. 2, the relationship and the age has not been denied.

7. Upon due consideration of the submission made by learned counsel for the parties, the ad-interim bail granted to the applicant is hereby confirmed and the present anticipatory bail application is allowed in terms of order dated 26.11.2025 while extending anticipatory bail to the applicant - Shiv Kumar @ Vinay till disposal of the trial, the applicant shall appear before the court concerned and furnish bail bonds and sureties to the satisfaction of the trial/concerned Court/Investigating Officer, subject to the following conditions :-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required and shall not abscond;

(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.

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

(Manish Kumar,J.)

May 7, 2026

Nitesh