RAMSAHARE v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
ABAIL/981/2025 · 2025-09-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162853 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162853 (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 438 CR.P.C. No. - 981 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A-I appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.757 of 2024, under Sections 354, 452, 504, 506 I.P.C., registered at Police Station Kharighat, District Bahraich. 3. The aforesaid case has been instituted on the basis of an application under Section 156(3) Cr.P.C filed by the opposite party no.2/complainant on 08.04.2024, stating that while the complainant was alone in her house at about 8 PM on 29.3.2024, the applicant, who is her relative, visited her house. The complainant offered him some refreshment and, thereafter, the applicant forcibly entered the house caught hold of the complainant with evil intention and bit on her cheek. The applicant tried to rape the complainant. 4. The aforesaid application has been registered as a complaint and the applicant has been summoned by the trial court. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Ramsahare .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in the affidavit and in both the cases, the applicant has been granted bail. 6. The learned counsel for the applicant has submitted that the police has submitted a report to the court concerned stating that the parties are related to each other, some altercation had taken place between them due to some monetary dispute and no case in this regard is registered in the police station. 7. In the statement of the complainant recorded under Section 200 Cr.P.C., she has stated that Rs. 35,000/- had been given to Ramsahare (the applicant). 8. The learned A.G.A.-I has opposed the anticipatory bail application but could not dispute the aforesaid aspects of the matter. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the complaint does not disclosed this fact, it has come to the statement that there is a monetary dispute between the parties, who are related to each other and that the applicant has undertaken to cooperate with the proceedings, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ramsahare before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 ABAIL No. 981 of 2025 2
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 Preeti. ABAIL No. 981 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench