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2025 DAILYLAW 156633 (ALL)

MUMTAJ HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/873/2025 · 2025-08-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47987 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 873 of 2025 Applicant :- Mumtaj Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mani Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. 204/2010, Under Sections 376, 506 I.P.C., Police Station Biswan, District -Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. Learned counsel for the applicant submits that no statement of the victim has been recorded under Section 164 Cr.P.C. and the medical examination does not disclose any corroborative material. It is argued that the applicant is innocent and has been falsely implicated solely on the basis of the FIR and the statement of the victim under Section 161 Cr.P.C. It is further submitted that the applicant and the victim have entered into a compromise. Perused the record. On perusal, it appears that the alleged offence took place on 11.01.2010; the charge-sheet was submitted on 05.06.2010, and cognizance was thereafter taken. As per the statement of the learned AGA, non-bailable warrants as well as proceedings under Section 82 Cr.P.C. have been issued against the applicant, who has been absconding for the last 15 years. The record does not indicate that the applicant’s arrest is being sought with a view to injure his reputation or humiliate him. Moreover, no explanation whatsoever has been provided for his prolonged abscondence of 15 years. In these circumstances, this Court does not find it a fit case to exercise its extraordinary jurisdiction under Section 482 BNSS. The application for anticipatory bail is devoid of merit and is accordingly dismissed. Order Date :- 18.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench