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2025 DAILYLAW 128569 (ALL)

MUKESH ADHANA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

NABAIL/291/2025 · 2025-04-04

Manish Mathur

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18853 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 291 of 2025 Applicant :- Mukesh Adhana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Kapil Gupta,Arjun Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party No.1-State. Power on behalf of opposite party No.2 filed today alongwith short counter affidavit by Mr. Akash Dixit Advocate is taken on record. 2. First anticipatory bail application has been filed with regard to F.I.R. No. 547 of 2024 under Sections 74 and 76 of BNS, P.S. Sushant Golf City, District Lucknow. 3. As per contents of first information report, the incident is said to have taken place on 16th October, 2024 at about 9.40 P.M. when the applicant allegedly enticed the informant and took her away in his vehicle whereafter he committed obscene acts with her. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him and that F.I.R. is as a result of a disagreement between the applicant and the informant in their common work place. It is submitted that applicant does not have any previous criminal history. 5. Learned counsel for opposite party No.2 on the basis of short counter affidavit has adverted to paragraph 7 thereof to submit that the applicant and the complainant would work out their differences. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that F.I.R. has been lodged as a result of such disagreement between the parties as indicated in paragraph No.7 of the short counter affidavit filed by complainant. The applicant does not have any previous criminal history. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Mukesh Adhana shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. The application stands allowed. Order Date :- 4.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench