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2025 DAILYLAW 157308 (ALL)

PRADEEP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

NABAIL/1021/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47031 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1021 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sudhir Kumar, learned counsel for the applicant and Shri Ayush Sharma, learned State counsel. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.242 of 2025, under Sections 78, 85, 115(2), 352, 351(2) of B.N.S. and Sections 7/8 of POCSO Act, registered at Police Station- Krishna Nagar, District- Lucknow. 3. The aforesaid case has been lodged on the basis of an F.I.R. lodged on 17.05.2025 against the applicant and his father, mother, elder brother & wife of his elder brother, stating that informant had got married to the applicant on 21.06.2009, they have a daughter who is presently aged about 13 years; that all the accused persons keep on harassing her and they are turning to drive her out of her matrimonial home. The incidents mentioned in the F.I.R. took place on 09.02.2025, 10.02.2025 and 11.02.2025, whereas the F.I.R. has been lodged on 17.05.2025. 4. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent, he is having no criminal history and has been falsely been implicated in the present case. 5. The learned counsel for the applicant has submitted that due to matrimonial difference between the informant and the applicant, she has falsely implicated the entire family of the applicant in the present case on the basis of false and exaggerated allegations. 6. The learned A.G.A. has opposed the instant application and he has submitted that the allegations have been established during the investigation and charge sheet has been submitted against the applicant on 17.07.2025, however the investigation is still going on as some tests report are still pending. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view of the facts that the complainant is the applicant's wife; the incidents allegedly took place on 09.02.2025, 10.02.2025 and 11.02.2025 whereas the F.I.R. has been lodged on 17.05.2025; the applicant has not been arrested during the investigation and it appears that he has co-operated in the investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 12.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench