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2025 DAILYLAW 120177 (ALL)

NIKHILESH MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/106/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26481 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 106 of 2025 Applicant :- Nikhilesh Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Madhulika Yadav,Devendra Kumar Singh,Jyoti Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Madhulika Yadav, learned counsel for the applicant, Shri Rajiv Kumar, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.220 of 2024 under Sections 316(2), 108, 351(3) of B.N.S. registered at Police Station- Alambagh, District- Lucknow (East). 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.12.2024 against the applicant and Bhupender Singh, stating that the informant's father had committed suicide after leaving a suicide note in which he has stated that both the named accused persons are responsible for his suicide. The suicide note mentions that the deceased suffered losses in his business and the named accused persons were demanding money from him. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 5. It has been stated that there were monetary transactions between the deceased and the applicant and a copy of the bank account has been annexed in support of this contention. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact as per the narration made by the deceased in the suicide note, he was under pressure because of financial constrains and he has not stated anything which may prima facie indicate that the applicant abetted him to commit suicide, I am of the view that the applicant is entitled to be released on anticipatory bail in the aforesaid crime. 7. Accordingly, this anticipatory bail application stands allowed. 8. In the event of arrest/appearance of applicant- Nikhilesh Maurya before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (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 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. . [Subhash Vidyarthi, J.] Order Date :- 6.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench