SMT. SUNAINA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
NABAIL/1096/2025 · 2025-08-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159908 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159908 (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. - 1096 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. 0283 of 2025, Under Sections - 115(2), 352, 108, 77 BNS & 66E IT ACT, P.S.- Beniganj, Distt.- Hardoi. Heard learned counsel for the applicant as well as learned AGA for the State and Shri Sachida Nand Tiwari, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. In the prosecution case, it is alleged that accused Pratham recorded obscene photographs and videos of the complainant’s daughter while she was bathing and, on 11.07.2025, sent them to the mobile phone of the victim’s brother. When the complainant’s wife and daughter confronted the accused at his house, the applicant, along with co-accused Prem Lata and Ajay Kumar, allegedly abused them and assaulted them with kicks and fists. This incident caused the deceased to feel deeply hurt and humiliated, and on the night of 12.07.2025, she committed suicide. Learned counsel for the applicant submits that no specific role has been attributed to the applicant. The main accused is Satyam, and the applicant, being his mother, has been falsely implicated in the case. It is further submitted that if any video was made viral, it was done by the co-accused and not by the applicant. Versus Counsel for Applicant(s) : Jayant Pratap Singh, R.B.S. Rathaur, Tribhuwan Agnihotri Counsel for Opposite Party(s) : G.A., Aradhana Shukla, Ashvangg Trivedi, Rakesh Kumar Hans, Sachida Nand Tiwari Smt. Sunaina .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
Learned AGA, as well as learned counsel for the complainant, have opposed the bail application. They contend that first, the obscene photographs of the deceased were taken by the son of the applicant and thereafter sent to the phone of the deceased’s brother, and subsequently, the applicant, along with co-accused Prem Lata and Ajay Kumar, threatened and assaulted the family members of the deceased. It has further been submitted by the learned AGA that custodial interrogation is necessary as the applicant’s complicity is evident, and the obscene photographs/videos have already been collected by the investigating officer.
Upon consideration of the gravity and seriousness of the allegations, the suicide note, and the case diary produced by the learned AGA, which reflects the presence of obscene photographs/videos, this Court is of the view that it is not a case of false implication. Custodial interrogation appears to be necessary, and therefore, the anticipatory bail application of the applicant is rejected. August 26, 2025 R.C.
NABAIL No. 1096 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench