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2025 DAILYLAW 166200 (ALL)

SAIF MOHAMMAD (MOHD. SAIF AS MENTIONED IN FIR) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/1331/2025 · 2025-09-22

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1331 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime Case Crime No. 182/2025, Under Sections: 108, 352 of the Bhartiya Nyaya Sanhita, 2023, Police Station: Kudwar, District: Sultanpur. 2. Heard learned counsel for the applicant as well as learned AGA and Shri Alik Kirti Mishra, learned Advocate who has filed vakalatnama on behalf of the applicant is taken on record. 3. In the prosecution case, it is alleged that the applicant had sexually exploited the informant’s daughter for the past three years. Both were in frequent contact through mobile phone and Instagram, and the informant had seen them conversing on the mobile and Instagram. A few days later, the victim informed the complainant that the applicant had taken undue advantage of her and is now refusing to marry her. It is further alleged that despite efforts to console her, the victim, on the same day at about 4:30 p.m., committed suicide by hanging herself. 4. Learned counsel for the applicant submits that the applicant is innocent and has no concern with the alleged incident. It is contended that the victim was engaged elsewhere, and due to that reason, she took the extreme step of suicide. Attention of the Court has also been invited to the statement of Maqsood. Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A., Alok Kirti Mishra Saif Mohammad (Mohd. Saif As Mentioned In Fir) .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 5. Per contra, learned AGA and learned counsel for the complainant have opposed the bail prayer, submitting that this is not a case of false implication. The investigation is still in progress, and custodial interrogation of the applicant may be necessary. 6. Perused the record, so also the allegations made in the prosecution case. 7. Considering the specific accusation against the applicant, the death of the victim, and the pendency of investigation, it cannot be said that the applicant has been falsely implicated or the prosecution case is motivated to tarnish his reputation. 8. Accordingly, no case for grant of anticipatory bail is made out. The anticipatory bail application is, therefore, dismissed. September 22, 2025 R.C. NABAIL No. 1331 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench