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2025 DAILYLAW 12375 (ALL)

HANI ALIAS ADITYA BHADAURIYA v. STATE OF U.P. AND ANOTHER

ABAIL/1115/2025 · 2025-02-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21164 Court No. - 68 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1115 of 2025 Applicant :- Hani Alias Aditya Bhadauriya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Virendra Kumar Srivastava Hon'ble Ashutosh Srivastava,J. Heard Shri Ajay Kumar, learned counsel for the applicant, Shri Manoj Kumar Sing, learned A.G.A. on behalf of the State respondents, and Shri Virendra Kumar Srivastava, learned counsel for the first informant. This Anticipatory Bail Application under Section 438 Cr.P.C., has been moved on behalf of accused-applicant, Hani Alias Aditya Bhadauriya, seeking Anticipatory Bail in Case Crime No. 12 of 2024, under Section 306 and 507 of the Indian Penal Code, Police Station-Basauni, District-Agra, during the pendency of trial. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The First Information Report has been lodged by the first infomrant against the applicant and four accused persons with the allegation that the applicant being resident of same village torturing the daughter of the first informant namely Shivani @ Sonu, mentally and socially since last two years and on 02.03.2024 the applicnat along with other co-accused persons and made pressure for marriage with the applicant on gunpoint due to which the deceased Shivani @ Sonu has committed suicide on 04.03.2024 by hanging herself. Learned counsel for the applicant submits that the real fact is that the victim and the applicant were in love affairs since last two years and when the first informant has fixed the marriage of victim the victim has committed suicide. First Information Report has been lodged after a delay of six days without any plausible explanation. In the post mortem report the cause of death of the deceased has been shown due to Asphyxia, as a result of Ante-mortem hanging. The applicant has no criminal history and has been unnecessarily roped in. There is reasonable apprehension and reason to believe that he shall be arrested in 12 of 2024, under Section 306 and 507 of the Indian Penal Code, Police Station-Basauni, District-Agra. Hence Anticipatory Bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the Anticipatory Bail Application by submitting that the applicant is named in the First Information report. Learned counsel for the first informant submits that the applicant is brother in law of the victim and he was continuously torturing, the victim, mentally and socially since last two years. When the marriage of the victim was fixed with some other person the applicant and other accused persons pressurize the victim to marry with the applicant and due to which she has committed suicide. There is delay of six days in lodging the First Information Report which is due to the reason that the first informant was working some where in Surat and when he received the information of the incident he returned back and thereafter has lodged the First Information Report. Offence committed by the applicant, being brother of the victim, is heinous in nature, hence, the Anticipatory Bail Application filed at the instance of applicant is liable to be rejected. Considering the aforesaid facts, circumstances, statements of the witnesses, and heinousness of offence, there appears to be no ground to grant anticipatory bail to the applicant. Accordingly, this Anticipatory Bail Application stands rejected. Order Date :- 13.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad