ABHAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/897/2025 · 2025-08-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152760 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152760 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 897 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as Sri Diwaker Prasad Mishra, Sub-Inspector of Police Station Pisawan, District-Sitapur. 2. A co-ordinate Bench of this Court vide order dated 24.07.2025 has granted interim anticipatory bail to the applicant. The order dated 24.07.2025 is extracted below:
"1. Heard Sri Anurag Singh, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State. 2. Issue notice to opposite party no.2 returnable at an early date. 3. Steps within a week. Office to proceed accordingly. 4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.282 of 2025, under Section 69 of B.N.S., Police Station - Pisawan, District – Sitapur. 5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per learned counsel for the applicant, the impugned FIR has been lodged by the prosecutrix on the ill advice of her parents inasmuch as the parents are not agreeable for that marriage but to the best of his information received from the applicant, the prosecutrix is willing to get married with him. Learned counsel has further stated that even if the contentions of the FIR are taken on its face value, the prosecutrix has stated that on the pretext of false promise of marriage, the applicant established physical relation with her. Since the present applicant is ready to get married with the Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Abhay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
prosecutrix, therefore, such allegations are false and misconceived. Sri Anurag Singh has informed that applicant- Abhay is present in the Court and this fact may be verified from him. 6. On the aforesaid contention, the applicant, who is present in the Court, has been called by the Court and he has stated that he is in affairs with the prosecutrix and both are ready to get married.
He is a major person and the prosecutrix is also major person, therefore, they can take their personal decisions without there being any interference from outside. However, he is trying to convince the family members of the prosecutrix and his family members are ready for that marriage. 7. Sri Hari Shankar Maurya, learned AGA, has stated that if the version of the applicant is correct, specific information to that effect may be sought from the prosecutrix/ complainant. 8. Keeping in view the aforesaid submissions of learned counsel for the parties and the applicant, I find it appropriate that the present applicant may be granted interim anticipatory bail till the next date of listing. 9. On the next date, the applicant shall again appear in person. The prosecutrix/ complainant shall also appear in person to apprise the Court as to whether she is ready to get married with the applicant. 10. Though keeping in view the allegation of the FIR, there is no need to call the complainant to appear in person before this Court but the matter is relating to the marriage of two persons wherein one party, the applicant, is present in the Court but another party is not present in the Court, therefore, her presence would be required. 11. List this case on 11.08.2025. 12. On that date, the applicant and the complainant/ prosecutrix shall appear in person in terms of the aforesaid order. 13. Station House Officer, Police Station - Pisawan, District - Sitapur shall ensure presence of the complainant/ prosecutrix before this Court on the next date fixed. 14. Learned AGA shall intimate this order and the date fixed to the S.H.O. concerned through e-mail, WhatsApp or any other convenient mode for its compliance. 15.
Till the next date of listing, it is directed that in the event of arrest, applicant- Abhay shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the applicant shall make himself available for interrogation by a police officer NABAIL No. 897 of 2025 2
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 in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witnesses."
3. In compliance of the order dated 24.07.2025, the applicant Abhay is present before this Court, who has been identified by his counsel Sri Anurag Singh. 4. Learned A.G.A. on the basis of instructions received by the Officer Sri Diwaker Prasad Mishra has informed that the complainant/prosecutrix is not willing to come. 5. The instant application has been filed seeking release of the applicants on anticipatory bail in Case Crime No. 282 of 2025, under Section 69 of B.N.S., Police Station-Pisawan, District Sitapur. 6. Sri Diwaker Prasad Mishra, Sub-Inspector of Police Station Pisawan, District-Sitapur has informed that charge-sheet has been forwarded to the Circle Officer. It is not disputed that the applicant has not misused the liberty granted by the Court.
The bonds have been filed by the applicant, this is also not disputed by Sri Diwaker Prasad Mishra, Sub-Inspector of Police Station Pisawan, District-Sitapur before this Court. 7. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid fact. 8. In view of the discussion made here-in-above and the fact that the applicant has not misused the liberty granted to him; the applicant has no previous criminal history except the present one; and the undertaking given by the applicant to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected. NABAIL No. 897 of 2025 3
9. In view of the above, the applicant-Abhay is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade him from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the anticipatory bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 10.
10. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 11. In view of the aforesaid, the anticipatory bail application is allowed. August 26, 2025 Arvind NABAIL No. 897 of 2025 4 (Karunesh Singh Pawar,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench