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2025 DAILYLAW 164161 (ALL)

RAM BABU v. STATE OF U.P. THRU. SECY. HOME LKO.

NABAIL/1238/2025 · 2025-09-16

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. - 1238 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out in the revised list.. Nobody is present to press the anticipatory bail application. No request for adjournment has been made. 2. Heard Shri Anant Kumar Singh, learned AGA and Shri Ajay Kumar Mishra, the learned counsel for the complainant. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.38 of 2025 under Sections 85, 109, 115(2), 352, 351(3), 324(4) of B.N.S. and 3/4 D.P. Act, registered at Police Station- Baghrai, District- Pratapgarh. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.03.2025 against 7 persons, including the applicant and his family members, stating that informant had solemnized his daughter's marriage to the applicant on 07.06.2022. All the accused persons used to harass her due to demand of dowry and they had beaten up the informant's daughter and turned her out of her matrimonial home on 10.03.2025. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent person, having no criminal history and he has falsely been implicated in the present case. It has further been claimed that the applicant was present for attending his duties at the time of the alleged occurrence and a copy of the attendance register has been annexed with the anticipatory bail application in support of this submission. Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Santi Counsel for Opposite Party(s) : G.A. Ram Babu .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) 6. The learned AGA has opposed the prayer for anticipatory bail and on the basis of instructions, he has submitted that the victim has suffered as many as seven injuries in the incident. 7. The learned counsel for the complainant has also opposed the anticipatory bail application and he has submitted that the applicant has turned out his wife from matrimonial home after assaulting her and the aforesaid conduct disentitles the applicant for grant of anticipatory bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of allegations and the injury report of the victim, I am of the view that the aforesaid facts do not warrant in exercise of discretion of this Court by granting bail to the applicant. 9. Accordingly, anticipatory bail is rejected. 10. In case, the applicant appears before the trial court and seeks his release on bail, his bail application shall be considered and decided in accordance with law, without being influence by the order of this Court. September 16, 2025 KR NABAIL No. 1238 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench