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2025 DAILYLAW 160403 (ALL)

SMT.KUTUBU NISHA AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. AND ANOTHER

NABAIL/1119/2025 · 2025-09-01

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1119 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ravindra Shukla, learned counsel appearing on behalf of the applicants as well as Shri Ayush Sharma, learned State counsel. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.143 of 2025, under Sections 140(1) I.P.C., registered at Police Station- Gosaiganj, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.04.2025 against four persons, including the applicants, in furtherance of an application under Section 173(4) of BNSS, stating that the informant's sister Noor Jahan had got married to the co-accused Salman on 20.10.2015. The applicant No.1 is the mother of Salman and the applicant No.2 is the sister of Salman. No child was born out of wedlock and the accused persons started harassing her and compelling her for dissolution of marriage by divorce. It is stated in the F.I.R., the informant's sister had gone to the applicant's house and then 2-3 days' thereafter, the informant tried to call her sister through phone, the accused persons stated that his sister was not at their home. The informant's mother made a missing report to the police on 23.01.2025. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent, having no criminal history and they have been falsely been implicated in the present case. Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Smt.Kutubu Nisha And Another .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 5. It has further been stated that the co-accused Salman has filed an application for restitution of conjugal rights on 17.08.2023 in the court of Principal Judge, Family court, Sultanpur stating that the complainant and her husband had taken away his wife in the last week of March, 2020 and thereafter, she has not resumed the company of the applicant although the applicant made repetitive efforts to bring his wife at his place. 6. The co-accused Salman has been granted anticipatory bail by means of an order dated 21.08.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No.1059 of 2025. 7. The learned State counsel has opposed the prayer for bail on the basis of written instructions and he has produced copy of the relevant extracts of the case diary for perusal of the Court wherein it is recorded that the Investigating Officer had recorded statement of some persons who have stated that victim was not keeping good mental health and the co-accused Salman did not keep her with him. 8. It appears that, even as per the statements recorded by the Investigating Officer, the victim was not residing in her matrimonial home and the allegations that the allegation has made her disappear is not established as per the aforesaid statements recorded by the Investigating Officer. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 10. 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 applicants shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicants 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 NABAIL No. 1119 of 2025 2 or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. September 1, 2025 S. Shivhare NABAIL No. 1119 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench