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2025 DAILYLAW 104049 (ALL)

SAHIL v. STATE OF U.P. AND ANOTHER

NABAIL/8197/2025 · 2025-10-06

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8197 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2-This Criminal Misc. Anticipatory Bail Application under section 482 B.N.S.S. has been preferred by the applicant after rejecting his anticipatory bail application by the order dated 16.09.2025 passed by learned In-Charge Sessions Judge, Ghaziabad seeking Anticipatory Bail in Case Crime No. 257 of 2025, under Section 108 B.N.S., Police Station Loni, District Ghaziabad, during the pendency of the investigation. 3-As per the prosecution case in brief, complainant-Rakesh Kumar, who is father of the deceased got a first information report lodged on 28.05.2025 for the offence under Section 108 B.N.S. against Sarfaraz stating inter-alia that his son Pawan (now deceased) was having a love affair with a girl namely Anamika for the last 1-1/2 year. F.I.R. also alleges that Anamika, since last four months, started loving with another boy and when his son i.e. Pawan tried to talk with Anamika, he was threatened by Sarfaraz whereby he went under depression, on account of which, he committed suicide. 4-It is argued by learned counsel for the applicant that the applicant is not named in the F.I.R. and he has been falsely implicated in this case on the basis of a suicide note wherein applicant's name finds place but in the said suicide note, no specific allegation has been levelled against him. Much emphasis has been given by contending that entire allegation of harassment and torture of the deceased is Versus Counsel for Applicant(s) : Siddharth Niranjan, Suraj Yadav Counsel for Opposite Party(s) : G.A. Sahil .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against Sarfaraz, who is a named accused and allegation has been levelled against him in the suicide note, hence, case of the present applicant is distinguishable from the case of co-accused Sarfaraz. Applicant has no criminal history to his credit. He has apprehension of imminent arrest. Lastly, it is submitted that in case, applicant is released on bail, he would not misuse the liberty and would cooperate with the investigation. 5-Learned Additional Government Advocate, who has accepted notice of this case on behalf of State of U.P. on 27.09.2025 has opposed the prayer for granting anticipatory bail to the applicant. 6-Having heard learned counsel for the parties, I find that prima-facie there is no allegation of abetment or instigation on the part of the applicant-Sahil, which would cause Pawan to commit suicide. 7-Looking to the facts of the case, reasonable apprehension of arrest, taking into consideration the gravity and nature of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, the applicant is entitled to be released on anticipatory bail in this case. 8-In the event of arrest of the applicant Sahil involved in the aforesaid case shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned till the submission of police report, if any, under section 193(3) B.N.S.S. with the following conditions :- (i) The applicant shall make himself available for interrogation by a police officer as and when required. (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 from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) The applicant shall not leave India without the previous permission of the court. (iv) In default of any of the conditions mentioned above or in case it is NABAIL No. 8197 of 2025 2 found that applicant has obtained this order concealing any material facts , the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9-It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. 10-With the aforesaid directions, this anticipatory bail application stands allowed. October 7, 2025 Saurabh NABAIL No. 8197 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad