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2025 DAILYLAW 149458 (ALL)

RAVI JAISWAL @ RAVI PRAKASH JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/816/2025 · 2025-07-15

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40187 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 816 of 2025 Applicant :- Ravi Jaiswal @ Ravi Prakash Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Surya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Surya Prakash Singh, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State. 2. In view of the proposed order, notice to opposite party No.2 is hereby dispensed with. 3. Learned counsel for the applicant has stated that the applicant is apprehending his arrest in F.I.R./Case Crime No.0073 of 2025, under Section 108 of Bhartiya Nyay Sanhita, 2023 (B.N.S.) Police Station- Jahangirganj, District- Ambedkar Nagar. 4. Learned counsel for the applicant has stated that applicant has falsely been implicated in this case as he has not committed any offence as alleged. He has submitted that for the alleged incident dated 14.03.2025, the FIR has been lodged on 28.03.2025 implicating the entire family of the present applicant and the wife of the deceased. He has further submitted that the parties have entered into compromise (Annexure-4) on 24.02.2025 and after the aforesaid compromise having being entered into, the impugned FIR has been lodged. Learned counsel has stated that it is a case of Section 108 of B.N.S.S., but the ingredients of Section 108 B.N.S.S. are not being attracted inasmuch as there is no overt or positive act of the present applicant to instigate the victim to commit suicide. 5. Per contra, Sri Nikhil Singh, learned AGA has drawn attention of this Court to the compromise deed showing paras 5 & 6, submitting that the perusal thereof reveal that the wife of the deceased is appearing, prima facie, on the wrong footing, therefore, she had given undertaking to maintain her behaviour properly. He has also drawn attention of this Court towards the suicide note which has been enclosed as Annexure-2 to the supplementary affidavit, wherein, before committing suicide the deceased has levelled specific allegation against his wife and present applicant regarding illicit relation and has stated that on account of illicit relation of his wife and present applicant, he is committing suicide and both should be punished by the Court of law. 6. Having considered the submissions of learned counsel for the parties, since this is an anticipatory bail application, therefore this Court will have to consider as to whether the allegation so levelled against the present applicant make out, prima facie, any offence against the applicant and also as to whether the present applicant has been falsely implicated. 7. Considering both the aforesaid aspects, it does not appear that aforesaid conditions are prima facie being attracted in this case, therefore, anticipatory bail application may not be considered. Accordingly, the same is rejected. 8. However, it is always open for the applicant to appear before the learned court below/trial court to move his regular bail application within a period of two weeks from today and if such application is filed, learned court below shall consider and disposed of the same with expedition without giving any unnecessary adjournment of any of the parties. Order Date :- 15.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench