IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(Arising out of SLP (Criminal) No.15072 of 2023)
ANIKET KUMAR APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned senior counsel/counsel for the parties.
3. The appellant has filed the present appeal, seeking his release on bail in connection with the FIR being Case Crime No.350 of 2022, registered at the Police Station Lohata, District Varanasi for the offences under Sections 363, 366, 376 of IPC and Sections 3/4 of the POCSO Act. 4. The learned counsel, Ms. Mukti Singh for the appellant submits that the victim, i.e., the daughter of respondent No.2 complainant had voluntarily left the house of her father and had married the appellant. According to her, as per the statement of the victim recorded under Sections 161 and 164 of Cr.P.C., she had married the appellant voluntarily and was staying with him as his wife. She also drew the attention of the Court to the application made by the respondent No.2 complainant
father, umder the Chief Ministers Community Marriage Scheme, wherein the age of the victim has been shown as 20
years.

5. The learned senior counsel, Mr. Misra for the respondent No.2 complainant, however, submits that the victim was aged about 15 to 17 years, when she was taken by the appellant from the lawful custody of the father. According to him, there being prima facie offence made out against the appellant, he should not be released on bail.
6. Having regard to the submissions made by the learned counsel for the parties, more particularly, to the fact that the appellant is in custody since December, 2022, and
without expressing any opinion on the merits of the case, we are inclined to accept the present appeal. Accordingly, the appellant is directed to be released on bail in connection with the afore-stated FIR, on the terms and conditions that may be imposed by the Trial Court.
7. The Criminal Appeal stands allowed accordingly.
8. Pending application(s), if any, shall stand disposed
of.
………………….J.
(BELA M. TRIVEDI)
………………….J.
(PANKAJ MITHAL)
NEW DELHI;
28 TH
FEBRUARY, 2024.
2

ITEM NO.9 COURT NO.15 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).15072/2023
(Arising out of impugned final judgment and order dated 19-04-2023 in CRMBA No.12493/2023 passed by the High Court of Judicature at Allahabad)
ANIKET KUMAR Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ORS. Respondent(s)
(IA No.232559/2023 – EXEMPTION FROM FILING O.T. AND IA
No.232557/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS / ANNEXURES)

Date : 28-02-2024 This matter was called on for hearing today.
CORAM : HON’BLE MS. JUSTICE BELA M. TRIVEDI
HON’BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s) Ms. Mukti Singh, AOR
Mr. Sunil Kumar Singh, Adv.

For Respondent(s) Mr. Ajay Kumar Misra, A.G. Uttar Pradesh, Sr. Adv.
Mr. Garvesh Kabra, AOR
Mr. Abhinav S. Agarwal, Adv.
Mr. Abhishek Jaju, Adv.

Mr. Amol Chitravanshi, Adv.
Mr. Alok Dwivedi, Adv.
Ms. Mridula Ray Bharadwaj, AOR

UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. In terms of the signed order, the Criminal Appeal is allowed.
3. Pending application(s), if any, shall stand disposed of.

(RAVI ARORA) (MAMTA RAWAT)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)