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2025 DAILYLAW 162263 (ALL)

MANOJ KUMAR @ MANOJ KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1166/2025 · 2025-09-09

Subhash Vidyarthi

body2025

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. - 1166 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Lalu Prasad Bhatt, learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, learned A.G.A. appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 205/2025, under Sections 75(2), 78(1), 352, 351(3) B.N.S., Police Station Risiya, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.08.2025 alleging that the applicant had made obscene talks with the informant through phone and he has asked her to meet him alone so that he might commit the misdeed against her. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has been further stated that the applicant does not keep good health and copies of his medical documents have been annexed with the anticipatory bail application. 5. Learned AGA has opposed the anticipatory bail application on the basis of instructions. He has produced a copy of the statement of the victim recorded under Section 180 BNSS wherein she stated that she is a married women aged about 28 years having three sons and she reiterated the FIR version. In the statement of the victim recorded under Section 183 BNSS also, she reiterated her earlier version and she further stated that she had kept a recording of conversation made through mobile phone. However, the case diary does not reveal that any recorded conversation has been provided by the complainant to the Investigating Officer. 6. Having considered the aforesaid facts and circumstances of the case, I am of the Versus Counsel for Applicant(s) : Lalu Prasad Bhatt, Rashmi Srivastava, Sachin Counsel for Opposite Party(s) : G.A. Manoj Kumar @ Manoj Kumar Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) view that the applicant is entitled to be granted anticipatory bail. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Manoj Kumar @ Manoj Kumar Sharma 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 themselves 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. September 9, 2025 Pradeep/- NABAIL No. 1166 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench