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2025 DAILYLAW 129017 (ALL)

RESHMA ROOKKHSHAR @ RESHMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/255/2025 · 2025-03-27

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17475 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 255 of 2025 Applicant :- Reshma Rookkhshar @ Reshma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Gajendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed in this matter, issuance of notice to opposite party no.2 stands dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.11 of 2025, under Section 137(2),87 of BNS P.S. Harraiya, District Balrampur. 4. As per contents of first information report, applicant has been indicated along with co-accused as being instrumental in abduction of minor daughter of informant. 5. It has been submitted that applicant has been falsely implicated in charges levelled against her and that in fact even as per admission of the victim, she was in love-relationship with nephew of applicant. It is submitted that even otherwise the only role assigned to applicant is of having called the victim requiring her to come to certain place for meeting her nephew. It is submitted that applicant undertakes to fully co- operate with the investigation. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that role assigned to applicant is evident not only from contents of F.I.R. but also from statement of victim. It is submitted that during investigation, call records of victim's phone indicates call from the Mobile phone of applicant. 7. It is submitted that investigation however is ongoing. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, it appears from F.I.R. as well as in statement of victim that she was in love relationship with nephew of applicant. The role assigned to applicant is of having facilitated a meeting between victim and nephew. It is admitted that there is no previous criminal history of applicant. Thus, it would be expedient in the interest of justice that liberty of applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another, (2020)5 SCC 1. 9. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Reshma Rookkhshar @ Reshma shall be released on anticipatory bail in aforesaid Case Crime number on his/her 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:- (1) The applicant(s) shall cooperate in the investigation and he/she will not influence the witnesses. (2) The accused-applicant(s) will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. (3) The applicant(s) shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 10. The application stands disposed of. Order Date :- 27.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench